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2024 Supreme(Mad) 147

G. R. SWAMINATHAN
S. Sundarraj – Appellant
Versus
District Collector, Madurai District – Respondent


Advocates appeared:
For the Petitioner:J. Barathan, Advocate. For the Respondents:R1 to R3, M. Lingadurai, Special Government Pleader, R5 & R6, Dr. C. Guhaseelarupan, Advocate.

JUDGMENT

(Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 02.03.2020 in Ne.Mu.No.482/2020/A1 passed by the 2nd respondent and quash the same and consequentially to forbear the respondents 1 and 2 from invoking Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 to cancel or to declare as void the settlement deed dated 26.10.2016 registered as Document No.5749/2016 on the file of the 3rd respondent.)

1. Heard both sides.

2. The writ petitioner is the son of respondents 5 and 6. The parents executed settlement deed dated 26.10.2016 in favour of the petitioner settling the petition-mentioned land measuring 48 cents(document No.5642/2016). Subsequently, the parents filed a petition before the Maintenance Tribunal for cancelling the document. The Maintenance Tribunal vide proceedings dated 02.03.2020 cancelling the settlement deed. Challenging the same, the present writ petition came to be filed.

3. The learned counsel appearing for the writ petitioner reiterated all the contentions set out in the affidavit filed in support o

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