Munirathinam Naidu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD Munirathinam Naidu S/o. Late Chinna Podi Naidu, Reside At No. 75 Kamaran Stret, Panchetty Vilae, Poneeri, Tiruvallur District Petitioner(s) Vs

1. The District Collector Collectors Office, Tiruvallur

2. Te Sub Collector Ponneri Talk Tiruvallur District

3. TAHSILDAR Ponneri Taluk, Ponneri, Chennai 601 204.

4. The Revenue Divisional Officer Arani Sub Division, House No. 63 E B Nagar East, Arani 632 201.

5. Village Administrative Officer Panchayat Vilage, Poneri Taluk 601204.

6. Thanan Jeyan S/o. Manirathnam Naidu, No. 117 Gnt Raod, Mettu Theru, Panjety, Poneriy Talk 601 204.

7. BHASKAR S/o. Manirathinam Naidu, No. 2/72 Perumak Ovil Teru, Thachur Village, Poneri Talk 601 204.

8. LATHA D/o. Munirathinam Naidu No. 2/338 Rr Kandigai, Karikala Veakam Tiruvallur Distirct 602 021.

9. RAMBHAI D/o. Munirathinam Naidu, 2/54 Kovil Stheru, Beeman Thopu Vilage, Neyveli Post, Thiruvalur District

10. SARALA D/O. MUNIRATHINAM NAIDU NO. 3/37a BHAJANAI OVI TERHRU, SEMBULIVARAM VILAGE, SHOLAVANDAN TALK, CHENNAI 600 067.

11. JAMUNA D/o. Munirathinam Naidu, No. 45 Lakshmi Amankovil Stheru, Dvanachrei, Perumbedu Post, Poneri Talk 601204 Respondent(s) Prayer:

This writ petition is filed under Article 226 of the Constitution of India, to direct the respondent to consider my appeal representation dated 20.01.2025 within a stipulated time frame to ensure the return of the misappropriated nine sovereigns of gold jewellery which belonged to my late wife and 6,00,000/- (Six Laksh rupees) from my son Baskar and to revoke all settlement deeds executed by me in favour of my children in accordance with Section 23 of the Tamilnadu Maintenance and Welfare of Parents and Senior Citizens Act 2007 to grant me security and protection from my children.

For Petitioner(s):

Mr.A.Sanjeev Kumar For Respondent(s):

Mr.A.Anandan G.A. For R1 To R5

ORDER

This Writ Petition is filed seeking for direction to the first respondent to consider the petitioner's Appeal representation dated 20.01.2025 and pass appropriate orders within stipulated time.

2. The case of the petitioner is that the petitioner is an 88 years old senior citizen and father of six children, transferred his self-owned and ancestral properties to his sons, Thananjeyan and Bhaskar through settlement deeds executed on 30.09.2002, 05.11.2005, and 02.11.2007. As per petitioner's late wife Kouslya's Will dated 18.06.2010, certain properties were settled in favour of his daughter, with possession to be taken only after the demise of both parents. On 02.11.2007, the petitioner executed a settlement deed in favour of Bhaskar, based on his assurance that the petitioner could reside at his current address for life. However, Bhaskar

misappropriated the funds and jewellery, for which, the petitioner lodged a complaint at Kavarapettai Police Station on 17.07.2023, inquiry was conducted and Bhaskar was summoned. However, despite admission of misappropriation of funds by Bhaskar, no further action was taken by the police. Due to continued harassment and lack of support, the petitioner submitted his first representation to the District Collector on 14.08.2023 (Petition No.TN/5995531), seeking maintenance under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Despite multiple inquiries, no action was taken. Subsequently on 22.11.2023, the second respondent issued an order vide Ref: COLREV CLR/60910/2023/B1 stating that the petitioner was financially stable. Aggrieved by the order, the petitioner filed an appeal representation on 12.01.

2024 before the first respondent and there was no further communication. Therefore on 20.01.

first respondent. Hence, the petitioner is before this Court seeking for suitable relief.

3. The learned Government Advocate appearing for the R1 to R5 would submit that the District Collector/ first respondent has already disposed of the Appeal representation filed by the petitioner vide proceedings Na.Ka.No.1712811/2024/M4 dated 16.07.2024 and the same was communicated to the petitioner on 22.07.2024, but no acknowledgment is produced to prove that the petitioner received the copy of the above said proceedings dated 16.07.2024.

4. Today, only the copy of the order passed by the District Collector/first respondent vide proceedings Na.Ka.No.1712811/2024/M4 dated 16.07.2024 is furnished to the petitioner before this Court.

5. Heard both sides and perused the records.

6. In view of the submissions made by the learned Government Advocate appearing for R1 to R5, this Writ Petitioner is closed and the petitioner is at liberty to challenge the order passed by the first respondent vide proceedings Na.Ka.No.1712811/2024/M4 dated 16.07.2024, in the manner known to law. No costs.

01-04-2025 jai To

1. The District Collector Collectors Office, Tiruvallur

2. Te Sub Collector Ponneri Talk Tiruvallur District

3. TAHSILDAR Ponneri Taluk, Ponneri, Chennai 601 204.

4. The Revenue Divisional Officer Arani Sub Division, House No. 63 E B Nagar East, Arani 632 201.

5. Village Administrative Officer Panchayat Vilage, Poneri Taluk 601204.

6. Thanan Jeyan

S/o. Manirathnam Naidu, No. 117 Gnt Raod, Mettu Theru, Panjety, Poneriy Talk 601 204.

7. BHASKAR S/o. Manirathinam Naidu, No. 2/72 Perumak Ovil Teru, Thachur Village, Poneri Talk 601 204.

8. LATHA D/o. Munirathinam Naidu No. 2/338 Rr Kandigai, Karikala Veakam Tiruvallur Distirct 602 021.

9. RAMBHAI D/o. Munirathinam Naidu, 2/54 Kovil Stheru, Beeman Thopu Vilage, Neyveli Post, Thiruvalur District

10. SARALA D/O. MUNIRATHINAM NAIDU NO. 3/37a BHAJANAI OVI TERHRU, SEMBULIVARAM VILAGE, SHOLAVANDAN TALK, CHENNAI 600 067.

11. JAMUNA D/o. Munirathinam Naidu, No. 45 Lakshmi Amankovil Stheru, Dvanachrei, Perumbedu Post, Poneri Talk 601204

J.SATHYA NARAYANA, J.

jai 01.04.2025