Madras High CourtWP(MD)/1720/2017dismissed as infructuous

T.Srinivasan, S/O.Thangavel v. The District Registrar

2022-06-08Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.1720 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1720 of 2017 T.Srinivasan ... Petitioner Vs 1.The District Registrar (Documents) Office of the District Registrar, Dindigul District, Dindigul.

2.The Sub-Registrar, Sub-Registrar Office, Kodaikanal, Dindigul District.

3.R.T.S.Kamatchi ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to register deed of cancellation that will be presented by the petitioner to cancel the gift deed Document No.1704 of 2013 registered with the second respondent on 26.08.2013 within the time stipulated by this Court.

For Petitioner : Mr.S.Malaikani For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader for R.1 & R.2

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2.

2. Though the petitioner is no more, I do not want to defer the proceedings in view of the disposal that is proposed to be given. The prayer in this writ petition is for cancelling the gift deed executed by the petitioner in favour of his son, namely, R.T.S.Kamatchi / third respondent. Such a relief can be better worked out before the authority under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1720 of 2017

3. It is seen that the petitioner is no more. Therefore, the petitioner's wife can step into the shoes and file an appropriate petition before the authority concerned. As and when such a petition is filed, the same shall be disposed of on merits and in accordance with law within a period of three months thereafter.

4. With this liberty, this writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The District Registrar (Documents) Office of the District Registrar, Dindigul District, Dindigul.

2.The Sub-Registrar, Sub-Registrar Office, Kodaikanal, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-24858[F] dated 09/06/2022 ) W.P.(MD)No.1720 of 2017 08.06.2022 SS(16/06/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2