[Cites 2, Cited by 0]
Madras High Court
B.Madhubala vs The District Collector on 18 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :18.02.2026
CORAM:
THE HON'BLE MR JUSTICE R.VIJAYAKUMAR
W.P(MD)No.15977 of 2025
and
W.M.P(MD)Nos.12092 and 12093 of 2025
1.B.Madhubala
2.V.Vijayabharathi ... Petitioners
.Vs.
1.The District Collector,
Theni District,
Theni.
2.The Revenue Divisional Officer,
Periyakulam Taluk,
Theni District.
3.The Joint Sub-Registrar-II,
Joint II Sub Registrar Office,
Periyakulam Taluk,
Theni District.
4.N.Rajammal
5.N.Vijayan
1/7
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6.N.Vijayasundar ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India, praying this Court to issue a Writ of Certiorarified
Mandamus calling for the records relating to the impugned
order passed by the first respondent in his proceedings in
Na.Ka.No.E.669753/A1/2024, dated 7.2.2025 and quash the same
as illegal and arbitrary insofar as cancelling the settlement deed,
dated 2.9.2022 executed in favour of the first Petitioner, registered
in Doc.No.2636 of 2022, on the file of the third respondent, in
respect of the land in S.Nos.1606/1 and 1605/5, Jeyamangalam
Village, Periyakulam Taluk, Theni District and consequently direct
the third respondent to remove the entries made in the records in
Doc.No.2636 of 2022, on the file of the third respondent.
For Petitioner : Mr.T.Pradeep
For Respondents : M/s.D.Farjana Ghoushia
1 to 3 Spl.Gov.Pleader
For Respondents : Mr.R.S.Sivaram
4 and 6
For Respondent-5 : Mr.T.Indrachithu
ORDER
The present Writ Petition has been filed challenging the order
passed by the first respondent ,wherein, the settlement deed executed by
the fourth respondent in favour of the Petitioner has been cancelled
under Maintenance and Welfare of Parents and Senior Citizens Act,
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2007.
2.Admittedly, the property in dispute belongs to one Rajammal.
She had executed a registered settlement deed in favour of the first
Petitioner on 2.9.2022 for an extent of 21/2 cents in S.No.1606/1 and
1.08 ½ cents in S.No.1606/5, totally 1.11 cents. The fourth respondent
has also executed three other settlement deeds in favour of her another
son Tamil selvan, Dheivendrasamy and the sixth respondent.
3.As per the allegations of the fourth respondent, the Petitioner
having taken possession of the property settled in his favour, had also
occupied the properties that were settled in favour of his brother fourth
respondent. The Petitioner and the fifth respondent had not taken care of
her. The second respondent has chosen to dismiss the Petition of the
fourth respondent. Challenging the same, the fourth respondent preferred
an appeal before the first respondent. The first respondent by way of
proceedings, dated 7.2.2025,had allowed the appeal and has cancelled
the settlement deeds. Challenging the same, the present Writ Petition has
been filed.
4.The Petitioner has filed an affidavit, dated 17.2.2026 to the effect
that he would restrict his possession of the property that was settled in
his favour. Even though he is in possession of other properties settled in
favour of his brothers and sisters, he would vacate and hand over the
possession within three months. This affidavit is accepted by the fourth
respondent.
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5.Paragraph 4 to 6 of the undertaking affidavit filed by the first
Petitioner, dated 17.2.2026 reads as follows:
‘’4.I further respectfully submit that without prejudice to my
rights and contentions and by way of clarification, I hereby undertake
that my possession, enjoyment and use shall be confined strictly to the
lands comprised in S.Nos.1606/1 and 1606/5, Jeyamangalam Village,
Periyakulam Taluk, Theni District, to an extent of 1 acre and 11 cents
alone.
5.I further respectfully submit that, in respect of the remaining
extent of the land in S.No.1606, cotton cultivation has already been
effected by me and therefore, I hereby undertake that I shall vacate and
hand over complete possession of the remaining portion of the land in
S.No.1606 to the persons lawfully entitled thereto, after harvest, and in
any event, within a period of three months from the date of filin of this
affidavit before this Honourable Court.
6.I further undertake that upon handing over of such possession,
I shall not in any manner whatsoever interfere with the possession,
enjoyment, use or lawful rights of the respondents 4 to 6 in respect of the
remaining portion of the land in S.NO.1606.I seek the leave of this
Honourable Court to take on file the present affidavit; otherwise, I will
be put to grave hardship.’’
6.In view of a kind of promise reached between the parties,
without cancelling the settlement deed in favour of children of fourth
respondent, all the four settlement deeds are declared as valid, subject to
the following conditions:
(a)the Petitioner shall restrict his possession to the property that
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was conveyed in his favour in Document No.2636/2022;
(b)the Petitioner shall vacate and hand over possession of all
other properties which stands in favour of his brothers/sisters on or
before 31.5.2026.
(c)in case, the Petitioner has violated the affidavit filed before
this Court on 17.2.2026, the fourth respondent would be entitled to
approach this Court to revive the Writ Petition.
7.With the above observations, the Writ Petition stands
disposed of. No costs. Consequently, connected Miscellaneous
Petitions are closed.
18.02.2026
NCS : Yes/No
Index : Yes / No
Internet : Yes / No
vsn
To
1.The District Collector,
Theni District,
Theni.
2.The Revenue Divisional Officer,
Periyakulam Taluk,
Theni District.
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3.The Joint Sub-Registrar-II,
Joint II Sub Registrar Office,
Periyakulam Taluk,
Theni District.
R.VIJAYAKUMAR.,J.
vsn
ORDER MADE IN
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and
W.M.P(MD)Nos.12092 and
12093 of 2025
18.02.2026
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