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Madras High CourtWP/11332/2024disposed of

A.Gajalakshmi v. The District Collector

2024-04-26Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN A. Gajalakshmi

...Petitioner

Vs

1. The District Collector, The District Collector Office, Chennai.

2. The Sub Divisional Magistrate and Revenue Divisional Officer, South Chennai Division, Guindy, Chennai - 32 3.A. Asokan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to conduct an enquiry and pass final order on the basis of the proceedings of the second respondent in Application No.A3/2692/2021 dated 1/5

28.09.2021 within a stipulated time and pass orders. For Petitioner : Mr. R. Hemalatha For Respondents : Mr.P. Gurunathan Additional Government Pleader

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to consider the petitioner's representation dated 28.09.2021 and pass orders.

2. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is a widow and she has executed a settlement deed in Document No.1682 of 2012 dated 04.06.2012 to her brother third respondent herein on the premise that he will take care of her. But the fact remains that the third respondent failed to take care of the petitioner and also taking steps to alienate the above said house plot. Hence the petitioner made a complaint under the 2/5

Maintenance and Welfare of Parents and Senior citizens Act, 2007 on 11.08.2021 to the first respondent who turn called the petitioner to appear before the second respondent for enquiry and the petitioner also appeared for the enquiry. However, till date there was no orders was passed in the petitioner's representation. Hence this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first and second respondents to consider the petitioner's representation dated 11.08.2021 and pass orders.

5. The learned standing counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 11.08.2021 and pass orders on merits 3/5

and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

26.04.2024 Index:Yes/No Speaking order/Non-speaking order smn To

1. The District Collector, The District Collector Office,Chennai.

2. The Sub Divisional Magistrate and Revenue Divisional Officer, South Chennai Division, Guindy, Chennai - 32 4/5

V.BHAVANI SUBBAROYAN,J.

smn 26.04.2024 5/5