N.Rajalakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.09.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.12731 of 2020 Smt. N. Rajalakshmi, aged about 80 years,

...Petitioner

Vs.

1. The District Collector, District Collectorate Office, Kancheepuram District, Kancheepuram Town and Taluk.

2. The District Superintendent of Police, District Police Head Quarters, Kancheepuram Town and Taluk, Kancheepuram District.

3. The Sub Registrar, Walajabad Sub Registry, Walajabad Town and Taluk, Kancheepuram District.

4. The Revenue Divisional Officer, Kancheepuram.

(suo motu impleaded as per order of this Court dt.16.9.2020 in WP.No.12731 of 2020) ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents to consdier the representation sent by the petitioner on 20.07.2020 and initiate such other appropriate legal actions For Petitioner : Mr.R. Vivekananthan For Respondents : Mr.A. Aruldoss Govt. Advocate for R1 , R2 & R4 Mr.T.M.Pappiah, Spl.Govt.Pleader for R3

O R D E R

The Revenue Divisional Officer, Kancheepuram is suo-motu added as the 4th respondent in this Writ Petition.

2. This Writ Petition has been filed by a lady, aged about 80 years on the ground that she settled her property in favour of her son by a registered Settlement Deed dated 14.12.2016 on the belief that she will be taken care of by her son during her old age. Unfortunately, the petitioner is not being care by her children.

The petitioner, has therefore, made a representation/complaint on 20.07.2020 before the respondents seeking for taking action against her son under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Since the complaint made by the petitioner was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr. Vivekanandan, learned counsel appearing for the petitioner and Mr. Aruldoss, learned Government Advocate appearing for the respondents 1, 3 and 4 and Mr.T.M. Pappiah, learned Special Govt. Pleader appearing for the 3rd respondent.

4. Taking into consideration the facts and circumstances of the case, and also of the fact that the petitioner requires immediate solution for the problem and considering her age, there shall be a direction to the 4th respondent to immediately call the parties for an enquiry and submit a report before the 1st respondent namely, the District Collector, Kancheepuram within a period of four weeks from the date of receipt of a copy of this order. The 1st respondent, on receipt of the report from the 4th respondent shall take immediate action in accordance with Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

5. The 4th respondent is directed to issue notice and hear the son of the petitioner namely Mr. Kirubasekaran before submitting the report before the 1st respondent. The petitioner is directed to make a fresh representation to the 4th respondent along with a copy of this order.

6. This Writ Petition is disposed of with the above directions.No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr

To 1.The District Collector, District Collectorate Office, Kancheepuram District, Kancheepuram Town and Taluk.

2.The District Superintendent of Police, District Police Head Quarters, Kancheepuram Town and Taluk, Kancheepuram District.

3.The Sub Registrar, Walajabad Sub Registry, Walajabad Town and Taluk, Kancheepuram District.

4.The Revenue Divisional Officer, Kancheepuram.

+1cc to M/s.R.Vivekananthan, Advocate, SR.NO. 30202 +1cc to the Government Pleader, SR.NO. 30406 +1cc to the Government Pleader, SR.NO. 30394 WP.No.12731 of 2020 BP(CO) KKV/25/09/2020