Allowed

K.Samiyappan v. the Sub Divisional Executive Magistrate/

Madras HC16 May 2024WP/13678/2024

Case brief

AI extract

What is this about?

Petitioner sought implementation of an order under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 declaring a settlement deed invalid. The Court held the Registrar's refusal to record the order was unjustified and directed the Sub Registrar to enter it in Book No:1-2703/2018 by 20.06.2024.

What did the court decide?

Mandamus issued directing Sub Registrar to record the first respondent's order dated 01.08.2023 in Book No:1-2703/2018 on or before 20.06.2024.

K.Samiyappan Vs the Sub Divisional Executive Magistrate/ — Property and Title | Madras HC (2024)

¶1

W.P.No.13678 of 2024

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 16.05.2024

¶4

CORAM

¶5

THE HONOURABLE Ms. JUSTICE P.T.ASHA

¶6

W.P.No.13678 of 2024

¶7

K.Samiyappan ... Petitioner

¶8

-Vs-

¶9

1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer, Erode, Erode District.

¶10

2.The District Registrar, (Adm.,), (Assistant Inspector General of Registration), Registration Department, Erode, Erode District.

¶11

3.The Sub Registrar, Registration Department, Chennimalai, Erode District.

¶12

4.S.Maheshwaran

¶13

5.Marappa Gounder ... Respondents

¶14

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 2^nd and 3^rd respondents to implement the order passed by the first respondent in his proceedings Mu.Mu.2452/2023/B2, dated 01.08.2023.

¶15

https://www.mhc.tn.gov.in/judis

¶16

Page 1 of 5

¶17

W.P.No.13678 of 2024

¶18

For Petitioner : Mr.C.Prakasam For R1 : Mr.S.J.Mohamed Sathik For R2 and R3 : Mr.L.S.M.Hasan Fizal

¶19

O R D E R

¶20

The above Writ Petition has been filed to direct the 2^nd and 3^rd respondents to implement the order passed by the first respondent in his proceedings Mu.Mu.2452/2023/B2 dated 01.08.2023 under the provisions of Maintenance and Welfare of Parents and Senior Citizenship Act, 2007.

¶21

Heard the learned counsel on either side and perused the

¶22

materials available on record.

¶23

It is noticed that by an order dated 01.08.2023, the authority

¶24

under the said act has held that the settlement deed in document No:12703/2018, dated 19.09.2018 is invalid and has also ordered the second respondent to cancel the same. However, it is the contention of the petitioner that the respondents 2 and 3 are refusing to make necessary

¶25

entries in the Book I Register.

¶26

https://www.mhc.tn.gov.in/judis Page 2 of 5

¶27

W.P.No.13678 of 2024

¶28

The refusal on the part of the second respondent to record the

¶29

order passed by the statutory authority is without any basis and there

¶30

appears to be an overreach on the part of the second respondent.

¶31

Therefore, the third respondent viz., The Sub Registrar,

¶32

Chennimalai, Erode District, is directed to record the order passed by the first respondent dated 01.08.2023 in Mu.Mu.2452/2023/B2 and make an entry in the settlement document Book No:1-2703/2018 maintained by him on or before 20.06.2024.

¶33

With the above direction, this Writ Petition is allowed. No costs.

¶34

16.05.2024

¶35

Internet : Yes Index : Yes/No Speaking order/Non-speaking order ssa

¶36

¶37

1.The Sub Divisional Executive Magistrate/ Revenue Divisional Officer, Erode, Erode District.

¶38

https://www.mhc.tn.gov.in/judis

¶39

Page 3 of 5

¶40

W.P.No.13678 of 2024

¶41

2.The District Registrar, (Adm.,), (Assistant Inspector General of Registration), Registration Department, Erode, Erode District.

¶42

3.The Sub Registrar, Registration Department, Chennimalai, Erode District.

¶43

https://www.mhc.tn.gov.in/judis

¶44

Page 4 of 5

¶45

W.P.No.13678 of 2024

¶46

P.T.ASHA, J.

¶47

ssa

¶48

W.P.No.13678 of 2024

¶49

16.05.2024

¶50

https://www.mhc.tn.gov.in/judis

¶51

Page 5 of 5

K.Samiyappan v. the Sub Divisional Executive Magistrate/

Case brief

What is this about?

What did the court decide?

K.Samiyappan v. the Sub Divisional Executive Magistrate/

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

U.Surya Vs the Director of Legal Studies

Krm Home Markers Pvt. Ltd. Vs Inspector General of Registration

M.Gayathiri Vs the District Collector

K.Saraswathi Vs the Inspector of Panchayats / District Collector

Pattammal Vs the Union of India

Pattammal Vs the Union of India