Madras High Court
G. Satheesh Kumar vs The District Collector on 5 June, 2025
Author: J. Nisha Banu
Bench: J. Nisha Banu
WA No. 1669 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-06-2025
CORAM
THE HONOURABLE MRS JUSTICE J. NISHA BANU
AND
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A. No. 1669 of 2025
and C.M.P.No.12547 of 2025
1. G. Satheesh Kumar
S/o.Govindarajalu, res at No.23,
Kamaraj Street, Sholingar,
Vellore District
2.G.Pratheep Kumar
S/o.Govindarajalu, res at No.23,
Kamaraj Street, Sholingar,
Vellore District
3.G.Girija
W/o.V.Govindarajalu, res at No.23,
Kamaraj Street, Sholingar,
Vellore District
Appellant(s)
Vs
1. The District Collector
Chennai-600001
2.The Sub Divisional Magistrate
and the Revenue Divisional Officer
South Chennai Division Guindy,
Chennai-600032
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WA No. 1669 of 2025
3.The Sub Registrar
Velachery Chennai-600042
4.Amsaveni(died), 4.R.Vasudevan
S/o.Late Radhakrishnan and Late
Amsaveni, res at NO.2/49, saraswathi
Nagar Main Road, Adambakkam,
Chennai-600088
5.A.Jeyanthi
D/o.Late Radhakrishnan and Late
Amsaveni, W/o.Ananthakumar, res at
NO.2/49, saraswathi Nagar Main Road,
Adambakkam, Chennai-600088
6.R.Ravichandran
S/o.Late Radhakrishnan and Late
Amsaveni, res at NO.2/49, saraswathi
Nagar Main Road, Adambakkam,
Chennai-600088
7.B.Kalaiselvi
W/o.Late Baskaran-S/o.Late
Radhakrishnan and Late Amsaveni, res
at NO.2/49, Saraswathi Nagar Main
Road, Adambakkam, Chennai-600088
8.B.Vijay
S/o.Late Baskaran, res at NO.2/49,
Saraswathi Nagar Main Road,
Adambakkam, Chennai-600088
R.Janarthanan (Died)
Respondent(s)
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WA No. 1669 of 2025
PRAYER
The Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order
dated 13.06.2024 passed in W.P.No.2039 of 2021.
For Appellant(s): Mr. M. Muthappan
For Respondent(s): Mr.R.Kumaravel
Additional Government Pleader
-----
JUDGMENT
(Judgment of the Court was delivered by J.NISHA BANU, J.)
The present Writ Appeal is filed challenging the order dated 13.06.2024
in W.P.No.2039 of 2021 passed by this Court.
2. By consent of both parties, the appeal is taken up for final disposal at
the admission stage itself.
3. The writ petitioners are the appellants before this Court.
4. The Writ Petition was instituted, challenging the order passed by the
second respondent dated 05.12.2020 thereby allowed the complaint lodged by
the 4th respondent and declare the settlement deed executed in favour of the
petitioners by the 4th respondent dated 26.12.2018 registered vide Document
No.7742 of 2018 as null and void.
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5. Aggrieved by the order of the Writ Court disposing of the writ petition,
the present appeal has been filed.
6. The learned counsel for the appellants submits that the learned single
Judge failed to consider that the settlement deeds ordered to be void, would not
come within the purview of Section 23 of the Central Act 56 of 2007. He further
submits that the learned single Judge failed to appreciate that when the issue is
already pending in the Civil Court and is sub-judice, the 2nd respondent has no
authority to proceed with the petition and pass the impugned order.
7. The learned counsel for the appellants further submits that the learned
single Judge erred in holding that in view of the death of Settlor, the only option
available to the petitioners is to approach the Civil Court for partition. When the
impugned order passed by the 2nd respondent cancelling the Settlement Deed
itself is without jurisdiction, approaching the Civil Court for partition would not
arise.
8. Heard the learned counsel appearing for the appellants as well as the
Additional Government Pleader appearing for the official respondents and
perused the materials on record.
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9. The Writ Court passed the following order:-
This Writ Petition has been filed challenging the order
passed by the second respondent dated 05.12.2020, thereby
allowed the complaint lodged by the fourth respondent and
declared the settlement deed executed in favour of the
petitioners by the fourth respondent dated 26.12.2018
registered vide Document No.7742 of 2018 as void on the
ground that the petitioners failed to maintain the fourth
respondent.
2. The learned counsel appearing for the petitioners
would submit that the fourth respondent filed a suit to cancel
the settlement deed dated 26.12.2018 in O.S.No.84 of 2019 on
the file of the Additional District Judge, Chengalpattu, which
is pending. Now, the fourth respondent died.
3. In view of the above submission, the only option
open to the petitioner is that they have to approach the civil
Court for partition in the manner known to law.”
Aggrieved by the same, the appellant/ writ petitioner has preferred the present
Appeal.
10. Admittedly, the issue is pending before the Civil Court in O.S.No.84
of 2019 which was the subject matter of the Writ Petition and the learned Judge
rightly directed the appellant to approach the civil Court for redressal of the
issue in the manner known to law. The only indulgence, this Court can show is
that a direction can be issued to the learned Additional District Judge,
Chengalpattu, to dispose of the pending suit, within a period of six (6) months
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from the date of receipt of a copy of this order. It is also made clear that while
disposing of the suit, the learned Judge shall not be influenced by the
observations made in this judgment.
11. With the above direction, this Writ Appeal is disposed of. There shall
be no order as to costs. Consequently, connected Miscellaneous Petition is
closed.
(J.NISHA BANU J.)(M.JOTHIRAMAN J.)
05-06-2025
ASI
To
1.The District Collector
Chennai-600001
2.The Sub Divisional Magistrate
and the Revenue Divisional Officer
South Chennai Division Guindy,
Chennai-600032
3.The Sub Registrar
Velachery Chennai-600042
4.Amsaveni(died), 4.R.Vasudevan
S/o.Late Radhakrishnan and Late
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Amsaveni, res at NO.2/49, Saraswathi
Nagar Main Road, Adambakkam,
Chennai-600088
5.A.Jeyanthi
D/o.Late Radhakrishnan and Late
Amsaveni, W/o.Ananthakumar, res at
NO.2/49, saraswathi Nagar Main Road,
Adambakkam, Chennai-600088
6.R.Ravichandran
S/o.Late Radhakrishnan and Late
Amsaveni, res at NO.2/49, saraswathi
Nagar Main Road, Adambakkam,
Chennai-600088
7.B.Kalaiselvi
W/o.Late Baskaran-S/o.Late
Radhakrishnan and Late Amsaveni, res
at NO.2/49, saraswathi Nagar Main
Road, Adambakkam, Chennai-600088
8.B.Vijay
S/o.Late Baskaran, res at NO.2/49,
saraswathi Nagar Main Road,
Adambakkam, Chennai-600088
R.Janarthanan (Died)
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J.NISHA BANU, J.
AND
M.JOTHIRAMAN, J.
ASI
05-06-2025
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