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Madras High CourtWP/14462/2021disposed of

Mr. V.Ramar v. The District Collector

2021-07-15Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No.14462 of 2021 Mr. V. Ramar .. Petitioner

Versus

1. The District Collector District Collector's office Fort Main Road Salem - 636 001

2. The Revenue Divisional Officer (RDO) Revenue Divisional Office, Attur, Salem - 636 102.

3. Mrs.Rajamani

4. C.Jayaprakash

5. C.Rama Jayanaresh

6. R.Jayasudha .. Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus to direct the 1st & 2nd respondents to consider the representation / complaint of the petitioner both dated on 17.02.2021.

For Petitioner :Ms. D. Aruna For Respondent Nos. 1 & 2:Mr. Stalin Abimanyu Government Advocate

ORDER

The petitioner has come up with this Writ Petition praying to issue a Mandamus directing the respondents 1 and 2 to consider the representation/complaint of the petitioner, both dated 17.2.2021.

2. According to the petitioner, he is a senior citizen aged 90 years. He had executed a sale deed in respect of his property situate at No.74, Anna Nagar, Krishnapuram, Gengavalli Taluk, Salem, Tamilnadu, in favour of one R.Perumal, who is the

husband of one of his daughters namely P.Papathi, for a valid consideration. The respondents, 3 to 6, who are his other daughters and sons, are pressurising him to cancel the said sale deed, in order to get the said property. It is the grievance of the petitioner that unable to bear the abuse and harassment given by the respondents 3 to 6, he made a representation in the form of a complaint to the 1st and 2nd respondents on 17.2.2021 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which was duly received by them on 26.2.2021. However, the respondents 1 and 2 have has not initiated any action on the same till date. Left with no other alternative, the petitioner has preferred the present writ petition to issue a Mandamus to the respondents 1 and 2.

3.

The learned Govt. Advocate appearing for the respondents 1 and 2 fairly submitted that the respondents 1 and 2 would consider the petitioner's representation dated 17.02.2021, after giving opportunity to all the parties concerned and orders will be passed on merits, within a reasonable time to be fixed by this Court.

4. Considering the facts and circumstances of the case and having regard to the submissions made by the learned Government Advocate for the respondents 1 and 2, this Court directs the respondents 1 and 2 to consider the representation/complaint of the petitioner dated 17.2.2021, after issuing notice to all the parties, including the respondents 3 to 6 and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, this writ petition stands disposed of. No costs. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar msr/rsh To

1. The District Collector, District Collector's office, Fort Main Road, Salem - 636 001.

2. The Revenue Divisional Officer (RDO) Revenue Divisional Office, Attur, Salem - 636 102.

+1cc to M/s.D.Aruna, Advocate, S.R.No.33834 +1cc to the Government Pleader, S.R.No.34339 WP No. 14462 of 2021 AK(CO) CB(23/08/2021)