Jayalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.4594 of 2025 Jayalakshmi ... Petitioner Vs.
1.The District Collector, No.62, Rajaji Salai, 4th Floor, Beach Road, George Town, Chennai - 600 001.
2.The Commissioner of Police, Greater Chennai, Vepery, Chennai - 07.
3.The Revenue Division Officer, South Chennai Range, Guindy, Chennai - 32.
4.The Inspector of police, S-8,Aathambakkam, Chennai.
5.Meenakshmi 6.Venkatesh ... Respondents Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1 to 4 consider petitioner representation dated 27.12.2024 as per Maintenance and Welfare of Parents and Senior Citizen Act 2007 and evict the respondents 5 and 6 and hand over the possession of petitioner property in Door No.2/7, Flat No.2, 6th street, Buvaneshvari Nagar, Aathambakkam, Chennai-88. For Petitioner :
Mr.E.Viswanathan For Respondents 1 & 3 :
Mr.A.Anandan, Government Advocate For Respondents 2 & 4 :
Mr.S.Santhosh, Government Advocate (Crl.side)
O R D E R
The petitioner has filed this petition to direct the respondents 1 to 4 consider petitioner representation dated 27.12.2024 as per Maintenance and Welfare of Parents and Senior Citizen Act 2007 and evict the respondents 5 and 6 and hand over the possession of petitioner property in Door No.2/7, Flat No.2, 6th street, Buvaneshvari Nagar, Aathambakkam, Chennai-88. Page No.2 of 7
2. Since no adverse order has been passed, this writ petition is taken up for final hearing.
3. The case of the petitioner is that she had given a complaint before the third respondent to cancel the settlement deed executed by the petitioner in favour of fifth respondent dated 06.10.2016, vide Doc.No.3996/2015 on the file of SRO, Alandur and the third respondent dismissed the petitioner's complaint by his proceedings in Che.Mu.No. A3/14/2020 dated 27.08.2021. Challenging the same, the petitioner had preferred an appeal dated 12.11.2021 before the first respondent, which was dismissed on 08.08.2022 vide proceedings in Che.Mu.Na.Ka.No.71/A1/2021. Challenging the order dated 08.08.2022, the petitioner has preferred a writ petition before this Court in W.P. No. 9317/2023 and the same was allowed on 04.12.2024. Subsequently, the above deed in Document No.3996 of 2015 was cancelled by way of cancellation deed dated 20.12.2024. Pursuant to Page No.3 of 7
which the petitioner had sent a representation dated 27.12.2024 to the third respondent seeking to provide Police protection to evict the respondents 5 &
6. However, the same was not considered till date. Hence, the petitioner has come forward with the present writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the third respondent to consider the petitioner's representation dated 27.12.2024 and pass appropriate orders on merits and in accordance with law, within a particular time frame stipulated by this Court.
5. Learned Government Advocate appearing for the respondents 1& 3 has no objection for the said order being passed by this Court.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the Page No.4 of 7
third respondent to consider the petitioner's representation dated 27.12.2024, after giving due notice to the petitioner as well as the respondents 5 & 6, affording opportunity of personal hearing and pass appropriate order on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.
8. This writ petition is disposed of with the aforesaid observation and directions. No costs.
12.02.2025 vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, No.62, Rajaji Salai, 4th Floor, Beach Road, George Town, Chennai - 600 001.
2.The Commissioner of Police, Page No.5 of 7
Greater Chennai, Vepery, Chennai - 07.
3.The Revenue Division Officer, South Chennai Range, Guindy, Chennai - 32.
4.The Inspector of police, S-8,Aathambakkam, Chennai.
J.SATHYA NARAYANA PRASAD,J.
vm Page No.6 of 7
12.02.2025 Page No.7 of 7