[Cites 2, Cited by 0]
Madras High Court
Muthukalai vs The Revenue Divisional Officer on 11 March, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.(MD)No.6458 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.03.2026
CORAM:
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.(MD)No.6458 of 2026
Muthukalai ... Petitioner
-vs-
1.The Revenue Divisional Officer,
Periyakulam Revenue Division,
Periyakulam,
Theni District.
2.The Joint Registrar – II,
Periyakulam,
Theni District.
3.Murugan
4.Harikrishnan
5.Varadharaj ... Respondents
PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, forbearing the second respondent herein from
registering any document whatsoever may be in nature pertaining to the property
bearing Survey Nos.307/1 and 307/2 to an extent of 1 Acre 28 Cents, situated at
Silvarpatti Village, Periyakulam Taluk, Theni District, till the disposal of the
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W.P.(MD)No.6458 of 2026
petitioner's Petition dated 21.11.2025 submitted to the first respondent in
pursuance of the order dated 10.02.2026 in W.P.(MD)No.3676 of 2026 on the file
of this Court, based on the petitioner's representation dated 20.02.2026.
For Petitioner : Mr.R.Saravanan
For R1 and R2 : Mr.D.S.Nedunchezhian
Government Advocate
ORDER
The writ petition has been filed for issuance of a Writ of Mandamus
forbearing the second respondent from registering any document whatsoever in
respect of the property in Survey Nos.307/1 and 307/2, to an extent of 1 Acre and
28 Cents, situated at Silvarpatti Village, Periyakulam Taluk, Theni District, until
the petitioner’s petition dated 21.11.2025 submitted to the first respondent is
disposed of, as per the earlier order passed by this Court in W.P.(MD)No.3676 of
2026, dated 10.02.2026.
2. Upon hearing the learned counsel for the petitioner and perusing the
material records of the case, it is seen that the petitioner, out of love and affection
and expecting that his son would take good care of him, executed a Settlement
Deed on 09.05.2005 in respect of the aforesaid properties. It is stated by the
petitioner that subsequently his son did not keep up his word and therefore, he
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filed an application under the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007, seeking cancellation of the said document.
3. Since the same was not disposed of, the petitioner thereafter approached
this Court by way of W.P.(MD)No.3676 of 2026, and this Court, by an order
dated 10.02.2026, directed the first respondent, namely, the Revenue Divisional
Officer, Periyakulam, to consider the said application on merits and in accordance
with law, after affording due opportunity to the third respondent, within a period
of twelve weeks. The said application is still pending.
4. Pending such enquiry, it is stated that the petitioner’s son has already
alienated the property in favour of the respondents 4 and 5, and there is a
possibility of further alienation by the said respondents also. Therefore, the
petitioner seeks to restrain any further alienation of the property.
5. I have also heard the learned Government Advocate appearing on behalf
of respondents 1 and 2.
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6. At the outset, it can be seen that the document executed by the petitioner
is dated 09.05.2005. The petitioner can invoke the provisions under the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 only if the
document was executed after the said Act came into force. Therefore, there is no
prima facie case, even before the first respondent, and consequently, there is no
question of forbearing the second respondent from registering further documents.
If the petitioner is aggrieved in any other respect, it is open to him to approach the
appropriate Civil Court.
7. With the above liberty granted to the petitioner to approach the Civil
Court, if so aggrieved, this writ petition is disposed of. No costs.
11.03.2026
Neutral Citation : No
smn2
To:-
1.The Revenue Divisional Officer,
Periyakulam Revenue Division,
Periyakulam,
Theni District.
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2.The Joint Registrar – II,
Periyakulam,
Theni District.
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D.BHARATHA CHAKRAVARTHY, J.
smn2
11.03.2026
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