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Madras High CourtWP/8658/2024disposed of with direction

Dr. U.Shoban Kumar, M.B.B.S., v. The Regional Divisional Officer

2025-11-07Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI U.Shoban Kumar .. Petitioner Vs.

1. The Regional Divisional Officer, The Office of Revenue Department, Anna Salai, Guindy, Chennai - 600 032.

2. U.Parthan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to handover the custody of senior citizen mother from the second respondent to the petitioner by considering the petitioner's representation dated 16.11.2023. For Petitioner :

Mr. Velmuruga Parthiban for Ms.K.Chandra For Respondent-1 :

Mrs. S.Anitha Special Government Pleader For Respondent - 2 :

Mr.P.Sesubalan Raja

O R D E R

This Writ Petition has been filed seeking a direction to the first respondent to handover the custody of senior citizen mother from the second respondent to the petitioner by considering the petitioner's representation 1/6

dated 16.11.2023.

2. The learned counsel appearing for the petitioner submitted that in the year 2005, during the engagement of the petitioner's sister, his mother had an episode and later, it was diagnosed that his mother was affected from Schizophrenic disorder and severely depressed. Therefore, the Psychiatrist advised the petitioner to give medicines to his mother regularly, as such, the petitioner was taking care of his mother in good condition. While so, in the year 2018, after the demise of his father, his elder brother took her mother to his residence stating that he wanted to take care of his mother for some time. Therefore, the petitioner informed him about the medications and the complications of his mother's disease. However, without considering the same, his elder brother has been keeping his mother in his residence. Therefore, the petitioner made a representation to the first respondent and as there was no action taken on the same, the petitioner has filed this present Writ Petition.

3. The learned Special Government Pleader appearing for the first respondent submitted that during the pendency of this Writ Petition, on the basis of the representation made by the petitioner and pursuant to the direction 2/6

of this Court, the Revenue Divisional Officer/first respondent herein conducted an enquiry. During the enquiry, the mother of the petitioner expressed her intention to stay along with the second respondent as he has been taking care of her well. Therefore, the first respondent recorded the statement of the mother of the petitioner and on the basis of her statement, he arrived at a conclusion that as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, there was no possibility to hand over the mother of the petitioner to his custody, as she expressed her willingness to stay along with the second respondent/elder son. A copy of the proceedings of the first respondent is also produced before this Court.

4. The learned counsel appearing for the second respondent submitted that the mother of the second respondent and the petitioner is staying with the second respondent and she expressed her willingness to stay along with the second respondent. As she is comfortable in staying with the second respondent and expressed the same to the first respondent during the enquiry conducted, the first respondent passed the proceedings closing the representation of the petitioner.

5. Heard the learned counsel appearing for the petitioner, the learned 3/6

Special Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

6. In view of the fact that admittedly, the first respondent conducted an enquiry on the representation dated 16.11.2023 made by the petitioner seeking custody of her mother and found that the mother of the petitioner expressed her willingness to stay along with the second respondent and the first respondent also considered the representation of the petitioner vide his proceedings dated 22.05.2024, if at all the petitioner wants to see her mother, he can very well go to his elder brother's house and see her.

7. With the aforesaid observation, this Writ Petition stands disposed of. No costs.

07.11.2025 SRM Index :Yes/No Speaking/Non-speaking order Internet :Yes :Yes/No 4/6

To The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Anna Salai, Guindy, Chennai - 600 032.

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M.DHANDAPANI, J.

SRM 07.11.2025 6/6