Lakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Lakshmi ... Petitioner vs.

1.The District Collector, Dharmapuri.

2.Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

3.V.Murugesan ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 17.02.2023 to cancel the settlement deed dated 13.03.2014 registered as document No.283 of 2014 as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

For Petitioner : Mr.M.Venkadesh Kumar For Respondents : Mr.V.Manoharan Additional Government Pleader [R1 & R2] ***** Page No.1 of 5

ORDER

The petitioner has filed this Writ Petition seeking issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 17.02.2023 to cancel the settlement deed dated 13.03.2014 registered as document No.283 of 2014 as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Mr.V.Manoharan, learned Additional Government Pleader accepts notice for the respondents 1 and 2. In view of the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since no adverse order is passed against the third respondent, notice to the third respondent is dispensed with.

4. The case of the petitioner is that, the relationship between the petitioner and the third respondent is mother and son. Out of love and affection, the petitioner executed a settlement deed dated 13.03.2014 in Page No.2 of 5

favour of the third respondent. Thereafter, the third respondent is not taking care of the petitioner and abandoned her. Hence, the petitioner has made a representation dated 17.02.2023 before the respondents 1 and 2 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking to cancel the settlement deed dated 13.03.2014. However, the same was not considered by the respondents 1 and 2. Therefore, the petitioner filed the above writ petition before this Court for appropriate orders.

5. Though very many grounds have been raised in the writ petition, the learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents 1 and 2 to consider the petitioner's representation dated 17.02.2023 seeking to cancel the settlement deed dated 13.03.2014 and pass appropriate orders, within a time frame that may be stipulated by this Court.

6. The learned Additional Government Pleader appearing for the respondents 1 and 2 has no objection for the said order being passed.

7. In view of the aforesaid submissions, this Court, without going Page No.3 of 5

into the merits of the case, directs the respondents 1 and 2 to consider the petitioner's representation dated 17.02.2023 and pass appropriate orders on merits and in accordance with law, after providing opportunity to all the necessary parties, within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. With the above directions, the Writ Petition is disposed of. No costs.

02.06.2023 Index : Yes/No Speaking order / Non-speaking order sp To 1.The District Collector, Dharmapuri.

2.Revenue Divisional Officer, Harur Taluk, Dharmapuri District.

Page No.4 of 5

M.DHANDAPANI, J.

sp 02.06.2023 Page No.5 of 5