K. RAJU Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner has filed these writ petitions seeking issuance of Writ of Certiorarified Mandamus calling for the records of the first respondent pertaining to order in Na.Ka.A3/1938/2018 dtd. 11/7/2019, 11/7/2019 and 21/2/2019 respectively, cancelling the Settlement Deeds dtd. 15/2/2007, 10/4/2014 and 26/8/2014 respectively, Doc.Nos.979/2007, 1269/2014 and 1705/2014 (SRO, Vanur), (SRO, Vanur) and (SRO, Tindivanam) respectively, to quash the same and to consequently direct the third respondent, third respondent and second respondent respectively, to restore the cancelled Settlement Deeds in Doc. Nos.979/2007, 1269/2014 and 1705/2014 (SRO, Vanur), (SRO, Vanur) and (SRO, Tindivanam) respectively, on the file of the third respondent, third respondent and second respondent respectively.

(2.) The case of the petitioner is that the petitioner is the son of the fifth respondent and due to some family misunderstandings, the fifth respondent filed a complaint before the first respondent under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (Act 56 of 2007) claiming to cancel the Settlement Deed executed in favour of the petitioner. Thereafter, the first respondent without proper enquiry passed the orders in Na.Ka.A3/1938/2018 dtd. 11/7/2019, 11/7/2019 and 21/2/2019 respectively, cancelling the Settlement Deeds dtd. 15/2/2007, 10/4/2014 and 26/8/2014 respectively, Doc.Nos.979/2007, 1269/2014 and 1705/2014 on the file of the third respondent, third respondent and second respondent respectively. Challenging the same, the petitioner preferred appeal before the District Collector, Villupuram under Sec. 16 (1) of the Act and the Appellate Authority, did not take the appeal on file on the ground that the appeal will lie only at the instance of the senior citizen or the parent.

(3.) The further case of the petitioner is that thereafter the petitioner filed W.P.No. 29988 of 2019 before the Hon'ble Division Bench of this Court seeking issuance of a Writ of Declaration, declaring that any aggrieved party to an order passed under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (Act 56 of 2007), can file appeal under Sec. 16 (1) of the said Act and to issue direction to the Appellate Authority to take the appeal on file. The Hon'ble Division Bench of this Court vide order dtd. 19/2/2021, dismissed the said writ petition.