M.Raniammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD M.Raniammal

...Petitioner

-Vs1.The District Collector, Tiruvallur.

2.Stella Mary

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus to direct the 1st respondent herein to dispose of the appeal submitted by the petitioner on 26.11.2022 within the time frame. For Petitioner :

Mr.Ramachandran.S For Respondents :

Mr.S.J.Mohamad Sathik Government Advocate (Crl. Side)

O R D E R

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The writ petition has been filed seeking to direct the 1st respondent herein to dispose of the appeal submitted by the petitioner on 26.11.2022 within the time frame.

The brief facts of the case are as follows:

2.The petitioner is a senior citizen, filed a writ petition in W.P. No. 19626 of 2020 seeking to cancel a settlement deed executed in favour of her deceased son in 2013, as her daughter-in-law began to evict the petitioner and her husband from their property. Despite a direction from the RDO to resolve the matter within four weeks, no effective action was taken. The petitioner and her husband who are facing health issues, the second respondent, who was ordered to provide medical and food expenses. The petitioner filed an appeal along with a 340-days condonation petition on 26.11.2024, which was received by the first respondent on 28.11.2024. However, no action has been taken by the first respondent, and the petitioner was unable to file the appeal on time due to hospitalization. Hence, the petitioner filed this writ petition 2/5

3.The learned counsel appearing for the petitioner submitted that the petitioner is aged about 74 years and she has filed an appeal for maintenance and adequate medical care from the 2nd respondent/daughter-in-law who is the wife of the petitioner's son. The learned counsel further submitted that the petitioner has received pension of petitioner's husband viz., a sum of Rs.13,000/- per month. The second respondent is also getting pension of Rs.25,000/- and she has two children studying in the school. 4.The learned Government Advocate appearing for the 1st respondent submitted that the appeal of the petitioner dated 26.11.2022 will be considered on merits in an accordance with law within a time frame that may be stipulated by this Court.

5.Heard both sides and perused the materials available on record. 6.The 1st respondent is directed to dispose of the appeal filed by the petitioner dated 26.02.2022 after giving due notice to the petitioner, to the 2nd respondent, opportunity of personal hearing, considered the documents filed 3/5

by both the parties on merits in accordance with law within period of three months from the date of receipt of a copy of this order. 7.Accordingly, the writ petition stands disposed of. No costs. 18.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order To The District Collector, Tiruvallur.

J.SATHYA NARAYANA PRASAD, J.

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