Madras High Court
N.Senthil Velan vs Ramti Devi | 2022 Livelaw (Sc) 1011 Will ... on 19 December, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.12.2023
CORAM
THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN
WP(MD)No.24247 of 2023
and
WMP(MD)No.20420 of 2023
N.Senthil Velan ... Petitioner
v.
1.The District Collector,
Ramanathapuram District.
2.The Executive Magistrate and
Revenue Divisional Officer,
Paramakudi, Ramanathapuram District.
3.The Sub Registrar,
Paramakudi Sub Registrar Office,
Ramanathapuram District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying
to issue a Writ of Certiorari to call for the records pertaining to the order
passed by the second respondent in his proceeding No.Pa.Mu.A2/6053/2021
dated 19.05.2022 and quash the same as illegal and unconstitutional.
For Petitioner : Mr.M.Shakul Hameed
For Respondents : Mr.K.Balasubramani,
Special Government Pleader
https://www.mhc.tn.gov.in/judis
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ORDER
Heard both sides.
2.The petitioner's mother Maragatham executed a settlement deed
dated 13.06.2019 in favour of her grandson born through the petitioner. She
filed petition before the Maintenance Tribunal for cancelling the said settlement
deed. On 19.05.2022, the settlement deed was cancelled by the Maintenance
Tribunal. That led to the filing of this writ petition.
3.Maragatham passed away in the meanwhile. The impugned order is
to be set aside on more than one ground. Copy of the settlement deed has
been enclosed in the typed set of papers. It does not contain any condition as
envisaged under Section 23 of the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007. The decision of the Hon'ble Supreme Court in
Sudesh Chhikara vs Ramti Devi | 2022 LiveLaw (SC) 1011 will apply in this
case. Secondly, the beneficiary in this case was the petitioner's minor son.
He was not shown as party in the petition. The petitioner alone was shown
as party.
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4.For the above said reasons, the impugned order is set aside. This writ
petition is allowed. No costs. Connected miscellaneous petition is closed.
19.12.2023
Index : Yes / No
Internet : Yes/ No
skm
To
1.The District Collector,
Ramanathapuram District.
2.The Executive Magistrate and
Revenue Divisional Officer,
Paramakudi, Ramanathapuram District.
3.The Sub Registrar,
Paramakudi Sub Registrar Office,
Ramanathapuram District.
https://www.mhc.tn.gov.in/judis
3/4
G.R.SWAMINATHAN, J.
SKM WP(MD)No.24247 of 2023 and WMP(MD)No.20420 of 2023 19.12.2023 https://www.mhc.tn.gov.in/judis 4/4