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Madras High CourtWP/20667/2023disposed of

S.Lakshmi Narayanan v. The District Collector

2024-02-21Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S. Lakshmi Narayanan ... Petitioner -vs1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, The Maintenance and Welfare of Parents and Senior Citizen, Tribunal, Sriperambathur, Kancheepuram District.

3. L. Srinivasan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorarified Mandamus, calling for all the records pertaining to the passing of the order dated 01.02.2023 in proceedings Pa.Mu.No.12277/2022/M.1 on the file of the 1st respondent and quash the same and consequently, direct the 1st and 2nd respondents to evict the 3rd respondent from the petitioner's property at Kolumannivakkam, Kamatchiamman Nagar, Plot No.2, Mangadu, Kancheepuram District as per Rule 22 (3) (1)(i) of Maintenance and Welfare of Parents and Senior Citizen, Act, 2007. 1/4

For Petitioner :

Mr. C.T.Udayappan For Respondents :

Mr. S.J.Mohammed Sathik Government Advocate (for R1 and R2) Mr. K.Balasubramanian (for R3)

O R D E R

Heard Mr. C.T.Udayappan, Learned Counsel for the Petitioner, Mr. S.J.Mohammed Sathik, Learned Government Advocate appearing for the First and Second Respondents and Mr. K.Balasubramanian, Learned Counsel for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition reserving the right of the Petitioner to make proper complaint with substantiating materials against the Third Respondent under Rule 20(2)(i) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, which envisages that it shall be the duty of the District Collector to ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity, apart 2/4

from filing civil suit relating to the disputes that have arisen out of induction of third parties into the property of the Petitioner by the Third Respondent. It is added by way of clarification here that while determining the rights of the parties in the fresh proceedings, the adjudicating authority shall not be influenced or inhibited by the impugned orders in this Writ Petition. In fine, the Writ Petition is dismissed as withdrawn with the aforesaid clarifications. No costs.

21.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 28.03.2024.

pal/gsa To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Revenue Divisional Officer, The Maintenance and Welfare of Parents and Senior Citizen, Tribunal, Sriperambathur, Kancheepuram District.

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P.D. AUDIKESAVALU, J.

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