IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2024 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.15270 of 2023 and W.M.P.No.14760 of 2023 R.Elaiyammal ... Petitioner Vs.

1. The District Collector, Office of District Collectorate, Tiruchengode Road, Namakkal-637 003.

2. The Revenue Divisional Officer cum Sub Divisional Magistrate, (The Maintenance and Welfare of Parents and Senior Citizens Act-Tribunal), Thiruchengode, Namakkal District.

3. The Revenue Thasildhar, Paramathy Velur Taluk, Namakkal District.

4. Thirunavukarasu ... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, calling for the entire records pertaining to the impugned order passed by the 2nd respondent in Pa. Mu.

No. 276 / 2023 / C dated 02.05.2023 and consequentially directing the 3rd respondent to cancel the patta transfer order in 674 / II / 2007 (D141600674) dated 20.04.2007 and issue the Joint Patta in the name of Legal Heirs of the Deceased Late Ramasamy Gounder For Petitioner : Mr.MA.P.Thangavel For Respondents : Mr.U.Baranidharan, Additional Government Pleader, (for R1 to R3);

Mr.T.Mohan, Senior Counsel for Mr.M.Guru Prasad (for R4).

ORDER

The order passed by the Revenue Divisional Officer cum Sub Divisional Magistrate, (The Maintenance and Welfare of Parents and Senior Citizens Act-Tribunal) in a proceeding dated 02.05.2023 is under challenge in the present writ petition. Further direction is sought for to direct the 3rd respondent Revenue Tahsildar to cancel the patta transfer effected based on the unregistered release deed which is disputed.

2. The petitioner is a senior citizen aged about 84 years old. Her husband late V.Ramasamy Gounder has inherited the ancestral property by way of registered partition in Document No.53 of 1969 dated 20.01.1969.

The husband of the petitioner was allotted A-schedule property and he had enjoyed along with one son and daughter as Hindu Undivided Family. The husband of the petitioner died intestate. As per the Hindu Succession Act, the husband of the petitioner, son and daughter are equally entitled to get 1/3^rd share in the agricultural property out of which the petitioner being the wife is also entitled for 1/3^rd share in her husband’s share. It is further stated that the husband of the petitioner possessed self-acquired property and was getting rental income from Ponni Sugar Mill as well Tailoring Training Institute. The petitioner states that the son and daughter are also having equal share.

3. After the death of the husband of the petitioner, the 4th respondent who is the son of the petitioner created a sham and nominal unregistered partition cum release deed dated 23.01.2006 by impersonating the signature of the deceased husband of the petitioner and put thumb impression of the petitioner and her deceased husband in Rs.100/- stamp paper with hand and glove of notary advocate in the presence of two fake witnesses. Based on the said unregistered partition cum release deed dated 23.01.2006, the Tahsildar has transferred the patta in the name of the 4th respondent, son of the petitioner.

4. The petitioner was not being maintained by the 4th respondent son and she was not in a position to maintain herself. Thus, she approached the competent authority under the Senior Citizen Act. The competent authority conducted an inquiry based on the statement of the witnesses and considering the facts and circumstances, the authority competent granted the relief to the petitioner by directing the 4th respondent to pay a sum of Rs.9500/- per month towards maintenance to the petitioner, and for cancellation of patta, the petitioner was granted liberty to approach the competent appellate authority under the Patta Passbook Act. Not satisfied with the said order, the petitioner has filed the present writ petition.

5. The learned counsel for the petitioner Mr.Ma.P.Thangavel would submit that the petitioner is now aged about 84 years. Unregistered