IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.04.2024 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.11532 of 2020 and W.P.No.25163 of 2021 and W.M.P. No.14095 of 2020 W.P.No.11532 of 2020 Minor.Jeeva Rithwik.S S/o.K.Sukumar, Represented by his Mother and Natural Guardian, S.Lavanya, ... Petitioner Vs

1. The Sub-Collector/Sub-Divisional Magistrate, Presiding Officer, Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Pollachi.

2. Krishnasamy @ A.Nanjappa Gounder

3. K.Sukumar (R-3 suo motu impleaded as per order dated

09.02.2024 in W.P.No.11532 of 2020) ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent in R.C.No.41 of 2020 dated 15.06.2020 and quash the order in R.C.No.41 of 2020 dated 15.06.2020.

For Petitioner : Mr.M.Sivavarthanan For Respondents : Mr.S.J.Mohamed Sathik, Government Advocate (for R1)

Mr.R.Bharathkumar (for R2)

W.P.No.25163 of 2021 K.Sukumar ... Petitioner Vs

1. The District Collector/Presiding Officer Appellate Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Coimbatore.

2. The Sub-Collector, Presiding Officer, Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Pollachi.

3. Krishnasamy @ A.Nanjappa Gounder ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent in R.C.No./11409/2020/Ool dated 24.03.2021 and the records of the second respondent in R.C.No.41/2020 dated 15.06.2020 and quash the orders.

For Petitioner : Mr.V.Ayyadurai, Senior Counsel for D.R.Raghunath For Respondents : Mr.S.J.Mohamed Sathik, Government Advocate (for R1 & R2)

Mr.R.Bharathkumar (for R3) C O M M O N O R D E R These Writ Petitions have been filed challenging the order passed by the Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Pollachi (hereinafter referred to as 'the Tribunal' for short) dated 15.06.2020, thereby, the petition filed by the grandfather of the petitioner and the father of the petitioner in both the Writ Petitions respectively were allowed and also the order passed by the Appellate Tribunal for Maintenance and Welfare of Parents and Senior Citizens, Coimbatore (hereinafter referred to as 'the Appellate Tribunal' for short) dated 24.03.2021, thereby confirming the order passed by the Tribunal.

2. The petitioner in W.P.No.11532 of 2020 is the minor grandson of the second respondent. The third respondent in W.P.No.11532 of 2020 and the petitioner in W.P.No.25163 of 2021 is the son of the second respondent in W.P.No.11532 of 2020 and the third respondent in W.P.No.25163 of 2021 (hereinafter called as 'the grandfather' in short).

3. The grandfather owned the land ad-measuring 3.38 acres comprised in S.F.No.220/2B2 situated at Zamin Uthukuli Village, Pollachi Taluk, Coimbatore District. He settled the said property in favour of his minor grandson represented by his guardian, viz., son, out of love and affection, by settlement deed dated 13.03.2019, registered, vide Document No.2588 of 2019. Thereafter, the grandfather filed a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short) before the Tribunal. Thereafter, the settlement deed was executed in favour of his grandson due to the compulsion of his son and also by fraud and misrepresentation. It was allowed by the Tribunal and aggrieved by the same, the grandfather's son (guardian) of minor grandson filed the appeal before the Appellate Tribunal and the same was dismissed, confirming the order passed by the Tribunal, thereby, the settlement deed executed by the grandfather in favour of his grandson was cancelled.

4. The learned Senior Counsel appearing for the petitioner in W.P.No.25163 of 2021 and the learned counsel for the petitioner in W.P.No.11532 of 2020 submitted that the gra