A.Samayamuthu v. The District Arbitrator And District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2025
CORAM:
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD).No.35492 of 2025 and W.M.P(MD)No.28162 of 2025 A.Samayamuthu ... Petitioner Vs.
1. The District Arbitrator and District Collector, Sivagangai District.
2. The Sub Divisional Arbitrator and Revenue Divisional Officer, Sivagangai, Sivagangai District
3. The Sub Registrar, Madurai North Sub Registration Office, Madurai District.
4. Rajeshkannan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the 2nd Respondent dated 02.09.2025 under Reference 1/4
No.Moo.Mu.A6/2403/2025 and quash the same as illegal and devoid of merits and subsequently direct the 2nd Respondent to cancel the settlement deed executed by the petitioner in favour of her daughter vide Document No.3893 of 2015 dated 09.12.2015 on the file of the Sub Registrar, Madurai North, Madurai District in respect of the house property bearing Door No.5/838, situated at Sivagangai District, Thiruppuvanam Taluk, Pasiyapuram Village, P.S.Nagar, comprised in Survey No.50/3A measuring to an extent of 1112 1/2 sq. ft. forthwith and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.J.Sankarapandian For R1 and R2 : Mrs.D.Farjana Ghoushia Special Government Pleader
ORDER
The present writ petition has been filed challenging the order passed by the 2nd respondent herein under the Maintenance and Welfare of Parents and Senior Citizen Act, wherein an order has been passed as against the 4th respondent to hand over the possession of the property to the writ petitioner.
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2. The grievance of the petitioner is that his request for cancellation of the settlement deed has not been considered. Hence, the present writ petition has been filed.
3. In case if the petitioner wishes to cancel the settlement deed executed in favour of the 4th respondent, it is for him to approach the 1st respondent who is the appellate authority under the Act. As far as taking possession of the property is concerned, since no appeal has been preferred by the 4th respondent, it is open to the writ petitioner to occupy the said building.
4. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed 15.12.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4
R.VIJAYAKUMAR , J.
rgm To
1. The District Arbitrator and District Collector, Sivagangai District.
2. The Sub Divisional Arbitrator and Revenue Divisional Officer, Sivagangai, Sivagangai District
3. The Sub Registrar, Madurai North Sub Registration Office, Madurai District.
W.P.(MD).No.35492 of 2025 and W.M.P(MD)No.28162 of 2025 15.12.2025 4/4