Madras High Court
Minor Jeeva Rithwik vs The Sub Collector / Sub Divisional ... on 7 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.1664 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2024
CORAM :
THE HON'BLE MR. D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
and
THE HONOURABLE MR.JUSTICE P.B.BALAJI
W.A.No.1664 of 2024 and
CMP No.11756 of 2024
Minor Jeeva Rithwik, S.,
S/o K.Sukumar,
rep. by his mother and Natural guardian
S.Lavanya, w/o K.Sukumar,
No.87, Kurinchi Maanagar, Vilangkurichi,
Coimbatore 641 035. ... Appellant
Vs.
1. The Sub Collector / Sub Divisional Magistrate,
Presiding Officer, Tribunal for Maintenance and
Welfare of Parents and Senior Citizens,
Pollachi.
2. Krishnansamy @ A.Nanjappa Gounder,
3. K.Sukumar ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letter Patent to set aside
the order dated 22.04.2024 made in W.P.No.11532/2020 and allow the writ
appeal.
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W.A.No.1664 of 2024
For Appellant : Mr.M.Sivavarthanan
For Respondents : Mr.K.Karthik Jagannath, Government Advocate
for first respondent
Mr.R.Bhath Kumar for second respondent
Mr.D.R.Raghunath for third respondent
JUDGMENT
(Order of the Court was made by the Hon'ble Acting Chief Justice)
This intra court appeal has been filed to set aside the order passed by
the learned Single Judge dated 22.04.2024 made in W.P.No.11532/2020.
2. The appellant, who is minor, is son of the third respondent and the
second respondent is his grandfather. The appellant is represented by his
mother S.Lavanya.
3. The appellant/writ petitioner has approached the writ court, to
quash the order passed by the District Collector, Coimbatore, dated
24.03.2021, confirming the order passed by the Sub Collector, Pollachi,
dated 15.06.2020, under the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007, thereby cancelling the gift settlement deed
executed by his grandfather (second respondent) in favour of him, vide doc.
No.2588/2019, dated 13.03.2019. The Writ Court has dismissed the above
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writ petition and the same is impugned herein.
4. Pending writ appeal, amicable settlement has been arrived at
between the parties through the Tamil Nadu Mediation and Conciliation
Centre and the parties have been compromised in terms of the Joint memo of
compromise, dated 16.07.2024, entered into between the appellant and the
respondents 2 and 3. To that effect, Mediation report along with the above
said compromise memo was placed before this Court along with the writ
appeal for passing appropriate order.
5. Accordingly, this writ appeal is listed today for passing order.
6. The second respondent viz., Krishnansamy @ A.Nanjappa
Gounder, who is a Senior Citizen, is appeared through Video Conference
from the Mediation Centre, Coimbatore. The natural guardian of the
appellant and the third respondent are appeared before this Court. The
counsel for parties are also present before this Court.
7. The parties are agreed before this court that the dispute and
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differences between them was settled in terms of the Joint Memo of
compromise dated 16.07.2024, which has been duly signed by them and
their respective counsel. The said Joint Memo of Compromise is recorded.
8. In view of the above, this writ appeal is disposed of in terms of the
Joint Memo of Compromise, dated 16.07.2024 and the above Joint Memo of
Compromise shall form part of this order. Consequently, connected
miscellaneous petition is closed.
(D.K.K., A.CJ.) (P.B.B.J.)
Internet: Yes/No 07.08.2024
Index : Yes/No
mst
https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
and
P.B.BALAJI, J.
mst
07.08.2024
https://www.mhc.tn.gov.in/judis
