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2021 Supreme(Online)(MAD) 37817

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :17.09.2021 CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P. No. 19832 of 2021 K.Kalyani ... Petitioner -Vs-

1. The District Collector, Mayiladuthurai District.

Mayiladuthurai.

2. The Revenue Divisional Officer, Nagapattinam, SH-23, Mayiladuthurai, Thiruthuraipoondi Road, Mayiladuthurai, Mayiladuthurai - 609 001.

3. The Sub Registrar-Joint R/1, 30 Avaiyambalpuram, Town Extension, Mayiladuthurai - 609 001.

4. K.Ilangovan. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 17.07.2021 within a stipulated time.

For Petitioner : Mr.M.Balaji.

For Respondents : Mr.Yogesh Kannadasan Government Advocate for R1 to R3

O R D E R

This Writ Petition has been filed to direct the second respondent to consider the petitioner's representation dated 17.07.2021 within a stipulated time.

2. The case of the petitioner is that she is an 80 years old senior citizen residing at No.7, Ram Prasad Apartment, 18 Temple Avenue, Saidapet, Chennai and her husband Ramaiyan passed away in the year 2018 and they have no children out of their wedlock and as such they have treated the children of the petitioner's eldest sister as their own children and they have adopted one Thanigaimani, who is the son of the petitioner's sister.

3. The petitioner submits that her eldest sister and her children are living in USA. The petitioner and her husband were living at Thathampettai Pazhur till 2001 and both of them were retired from Government services. While that being so, after the demise of the petitioner's father, the petitioner's mother was suffering a lot without the help and assistance of the petitioner's brothers, she had sold the house at Thathampettai Pazhur and the petitioner and her husband came to Mayiladuthurai and constructed a house at Door No.116, Madura Nagar, Senthangudi, Mayildauthurai and lived in the said house. The petitioner's brothers namely Thangadurai and Ilangovan and her younger brothers are running an automobile shop at Mayiladuthurai.

4. It is further submitted that the petitioner's brother Ilangovan who is the fourth respondent herein and Thangadurai often used to tell false stories stating that they are suffering huge financial crisis and cheated the petitioner by taking more money and jewels on false representations, the petitioner had to clear the debts taken from third parties for helping the said brothers and she had to pay the interest. After the demise of the petitioner's mother and husband, the petitioner was living alone without any help and have let out the up-stair portion for rent. The tenant was forcibly evicted by the petitioner's brothers and the son of the petitioner's brother namely Thangadurai had occupied the said portion without even paying any rent to the above said portion.

5. In the above said circumstances, the petitioner's brothers threatened and forced the petitioner and opened the bank locker and took away the jewels and some documents relating to the house kept inside the locker. They also forced the petitioner to execute a document for transferring the house in their favour. But the petitioner wanted to give the said house to the adopted son namley Thanigaimani and they started beating the petitioner. When the neighbours came to rescue the petitioner, they were also driven out from that place.

6. The petitioner further states that on 15.05.2020, her brothers came to the house and pushed her down by kicking on the hip, as a result of that her hip was broken for which the petitioner was admitted at Vairam Hospitak at Mayiladuthurai and a different story was posted before others stating that the petitioner fell down in the house due to slippery on the floor by suppressing the real cause. Thereafter, the petitioner got discharged from the hospital and was kept in a unconscious state and the treatment was taken care by the petitioner's sister from USA. The petitioner further submits that the phone which the petitioner was holding to talk to her sister was snatched away by the brothers and as a result of which the petitioner could not contact her sister in USA.

7. It is further submitted that taking advantage of the unconscious circumstances of the petitioner on 31.08.2020, the petitioner's brother Ilangovan executed a forged and false document by way of a Settlement Deed in his favour by transferring the petitioner's house property bearing Door No.116, Madura Nagar, Mayiladuthurai and the said document has not been executed by the petitioner in good health and consciousness. The petitioner was not aware of the contents contained in the said document as she is having poor eye sight and could not read. It is further stated tha

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