Dhayalan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.06.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA W.P No. 17699 of 2025 Dhayalan ... Petitioner Vs

1. The District Collector, Office of District Collector, Tiruvannamalai District.

2.The Revenue Divisional Officer, Arani, Tiruvannamalai District.

3.The Sub-Registrar, Polur Sub-Registration Office, 2, Abdul Kuthus Sayabu Street, Polur, Tiruvanamalai District- 606 803.

4.The Village Administrative Officer, Vambalur Village, Polur Taluk, Tiruvannamalai District.

5.Ramesh Babu.

6.Suresh.

.... Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to conduct an enquiry on the basis of the petitioner's appeal dated 12.10.2023 pending with the 1st respondent and to pass orders within a stipulated time as fixed by this Hon'ble Court.

1/6

For Petitioner : Mr.A.Kumanaraja For Respondents : Mr.R.Murthi, Government Advocate for RR1 to 4

O R D E R

With the consent of both sides of the learned counsels, this writ petition is disposed of at the admission stage itself.

2. Mr.R.Murthi, learned Government Advocate takes notice for the respondents 1 to 4.

3. Writ petition is filed for a writ of mandamus, directing the 1st respondent to conduct an enquiry on the petitioner's appeal dated 12.10.2023, and to pass orders within the stipulated time.

4. Petitioner is a senior citizen and an agriculturist by profession. The petitioner has two sons who are the respondents 5 and 6 herein, and two daughters. The petitioner trusting the respondents that they would take care of his wife and him, executed a Settlement Deed, in favour of respondents 5 and 6. The respondents 5 and 6 jointly promised the petitioner to send money to the petitioner for his expenses and for medical ailments. The petitioner states that 2/6

after execution of the Settlement Deed, the respondents 5 and 6 failed to take care him and his wife. The petitioner therefore filed an application to the 2nd respondent seeking cancellation of Settlement Deed, executed by him in favour of his sons by invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The 2nd respondent on 08.09.2023, dismissed the petitioner's petition and therefore, the petitioner preferred an appeal to the 1st respondent on 12.10.2023. The 1st respondent did not take any action on the petitioner's appeal till date. Meanwhile the respondents 5 and 6 threatened the petitioner and warned him to withdraw the petition filed before the 1st respondent. The petitioner therefore submitted a representation to the 1st respondent on 03.06.2024, for immediate disposal of the appeal. As no action was taken by the 1st respondent, the petitioner filed the above writ petition for the aforesaid relief.

5. The learned counsel for the petitioner submitted that the petitioner is a senior citizen. The 1st respondent without any justifiable cause, kept the appeal pending. The learned counsel therefore prayed that a direction may be issued to the 1st respondent to dispose of the petitioner's appeal within the time frame fixed by this court.

3/6

6. I heard both the learned counsels and perused the materials placed on record.

7. I find justification in the submissions of the learned counsel for the petitioner and therefore, I am inclined to direct the 1st respondent to consider and pass orders on the petitioner's appeal dated 12.10.2023, on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

Writ petition is accordingly disposed of. However, there shall be no order as to costs.

03.06.2025 dsn 4/6

To

1. The District Collector, Office of District Collector, Tiruvannamalai District.

2.The Revenue Divisional Officer, Arani, Tiruvannamalai District.

3.The Sub-Registrar, Polur Sub-Registration Office, 2, Abdul Kuthus Sayabu Street, Polur, Tiruvanamalai District- 606 803.

4.The Village Administrative Officer, Vambalur Village, Polur Taluk, Tiruvannamalai District.

5/6

N. MALA, J.

dsn W.P No. 17699 of 2025 03.06.2025 6/6