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 https://www.mhc.tn.gov.in/judis 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) https://www.mhc.tn.gov.in/judis 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 4 th respondent and declare the settlement deed executed in favour of the petitioners by the 4 th respondent dated 26.12.2018 registered vide Document No.7742 of 2018 as null and void. https://www.mhc.tn.gov.in/judis WA No. 1669 of 2025 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 2 nd 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 2 nd 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. https://www.mhc.tn.gov.in/judis WA No. 1669 of 2025 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 https://www.mhc.tn.gov.in/judis WA No. 1669 of 2025 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 https://www.mhc.tn.gov.in/judis WA No. 1669 of 2025 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) https://www.mhc.tn.gov.in/judis WA No. 1669 of 2025 J.NISHA BANU, J. AND M.JOTHIRAMAN, J. ASI W.A. No. 1669 of 2025 and C.M.P.No.12547 of 2025 05-06-2025 https://www.mhc.tn.gov.in/judis