Madras High CourtWP/11159/2024disposed of

Lakshmi @ Lakshmiyammal v. The District Collector

2024-08-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Lakshmi @ Lakshmiyammal ... Petitioner Vs.

1.The District Collector, Welfare of Parents and Senior Citizen and Administrative Tribunal Office of Welfare Act, Coimbatore 2.The Sub Divisional Executive Magistrate & The Sub Collector, Pollachi, Coimbatore District 3.The Deputy Superintendent of Police, Pollachi, Coimbatore District 4.The Tahsildar, Pollachi, Coimbatore District 5.The Inspector of Police, Town East Police Station, Pollachi, Coimbatore District 6.S.R.Kalaimani Devi @ S.R.Kalamani 7.Sakthivel 8.Radhakrishnan 9.Premalatha ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of 1/6

India praying to issue a writ of certiorari calling for the entire records in relation to the order passed by the second respondent in Na.Ka.No.4765/2023/A1 dated 26.06.2023 and confirmed by the first respondent in Na.Ka.No.1263191/2023/U2 dated 08.02.2024, quash the same insofar as dismissal of complaint to cancel the settlement deed executed by the petitioner in favour of 6th respondent herein. For Petitioner : Mr.C.Veeraraghavan For Respondents For R1,2 &4 : Mr.P.Gurunathan, Additional Government Pleader For R3 & 5 : Mr.A.Gopinath, Government Advocate(Crl.side) For R6 : Mr.M.N.Balakrishnan For R7 : Mr.S.Sithirai Anandam For R8 : Mr.R.K.Gunasekar For R9 : No appearance

ORDER

This writ petition has been filed challenging the order dated 26.06.2023 passed by the second respondent, which was confirmed by the first respondent by order dated dated 08.02.2024, thereby ordered to pay maintenance of Rs.10,000/-(each) by respondents 6 to 9 herein. 2/6

It is seen that the petitioner's husband died due to Covid 19 on 23.10.2020. The petitioner had settled the subject property in favour of the sixth respondent on 10.02.2000. After demise of her husband, the petitioner was not maintained by the sixth respondent. Right now, she is staying with the eighth respondent. Therefore, the petitioner filed complaint under Section 23 (1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the second respondent. The second respondent passed order thereby directed the respondents 6 to 9 herein to pay maintenance of sum of Rs.10,000/-(each) to the petitioner instead of cancelling the settlement deed executed in favour of the sixth respondent. Aggrieved by the same, appeal was filed before the first respondent and the same was also dismissed and confirmed the order passed by the second respondent.

The learned counsel for the petitioner would submit that as directed by the second respondent, except the eighth respondent, the respondents 6, 7 & 9 are not paying any maintenance to the petitioner. 3/6

The learned counsel appearing for the sixth respondent would submit that she is ready to maintain the petitioner by paying a sum of Rs.10,000/- per month.

At this juncture, the learned counsel appearing for the seventh respondent also submitted that the respondents 7 & 9 are willing maintain the petitioner by paying Rs.10,000/- per month. 6.

In view of the above submission, respondents 6 to 9 are directed to comply with the impugned order passed by the second respondent. However, if the sixth respondent fails to comply with the order passed by the second respondent, the settlement deed executed in favour of the sixth respondent shall stand automatically cancelled. 7.

With the above directions, this writ petition is disposed of. There shall be no order as to costs.

07.08.2024 Index: Yes/No Speaking/Non-speaking order lok To 4/6

G.K.ILANTHIRAIYAN, J.

lok 07.08.2024 6/6