P.Priya Vs the District Collector of Kancheepuram

Sub Collector / Revenue Divisional Officer Cum Maintenance Tribunal Under The Maintenance And Welfare Of Parents And Senior Citizens, Kancheepuram Kancheepuram 631 502

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K.Kasthuri

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Yogakumari

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G. Yogeswari

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Sub Registrar No.2 Joint Sub Registrar, Kancheepuram 631 502

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..Respondent(s)

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Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 2nd respondent to defer the eviction proceedings pursuant to order dated 30.11.2021 and passed by the 2nd respondent in proceedings Pa.Mu. No.1075/2021/A5.

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For Petitioner(s): S.Prabhu For Respondent(s): Mr.P.Siddarth, Govt. Advocate for R1, R2 & R6 Mr.G.Punniakoti for R3 to R5

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

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WP No. 21447 of 2025

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ORDER

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The petitioner has filed the present writ petition seeking a direction to the second respondent to defer the eviction proceedings pursuant to the order dated 30.11.2021 passed by the second respondent.

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The petitioner is the daughter-in-law of the third respondent. The third

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respondent had executed a settlement deed in favour of the petitioner’s husband. Alleging that her son, namely the petitioner’s husband, had failed to provide her with physical needs and basic amenities, the third respondent filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking cancellation of the settlement deed. The second respondent, instead of cancelling the settlement deed, directed the petitioner’s husband to pay monthly maintenance of Rs.10,000/- to the third respondent.

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Aggrieved by the said order, the third respondent preferred an appeal under Section 16 of the Act before the first respondent. The first respondent allowed the appeal and cancelled the settlement deed executed in favour of the petitioner’s husband. The said order was upheld by this Court in W.P. No.20797 of 2022 by order dated 13.06.2024. As on date, the matter is pending consideration before the Hon’ble Supreme Court.

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In the meantime, the third respondent approached the second respondent

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seeking eviction of the petitioner’s husband from the property. Pursuant to the

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

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WP No. 21447 of 2025

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order passed by the second respondent, the Tahsildar, with the assistance of the police, broke open the lock of the premises, restored possession of the property to the third respondent, and kept the articles belonging to the petitioner and her husband in a separate room.

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In these circumstances, the petitioner submits that she would be satisfied if the second respondent is directed to release the personal belongings of the petitioner and her husband that are kept in the separate room. According to the petitioner, their passports, educational certificates and other essential documents are also lying among those articles.

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Having regard to the limited relief now sought, the second respondent is directed to release to the petitioner and her husband all their essential personal belongings recorded in the inventory and kept in the separate room. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.

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Accordingly, the writ petition is disposed of. Consequently, the

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connected miscellaneous petition is closed. There shall be no order as to costs.

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20-07-2026

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ssk

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

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WP No. 21447 of 2025

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To

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The District Collector Of Kancheepuram Cum Appellate Tribunal Office Of The District Collector, Kancheepuram 631 502

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Sub Collector / Revenue Divisional Officer Cum Maintenance Tribunal Under The Maintenance And Welfare Of Parents And Senior Citizens, Kancheepuram Kancheepuram 631 502

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