T.N.Sundar v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.17276 of 2024 T.N.Sundar
...Petitioner
-Vs1.The Collector, Fourth Floor, M.Singaravelar Maaligai, 62, Rajaji Salai, Chennai Collectorate- 600 001.
2.The Director General of Police, Dr.Radhakrishnan Salai Road, Mylapore, Chennai- 600 004.
3.The Commissioner of Police, Avadi Commissionerate Type V, Qtr. No.5/1, Avadi, Chennai- 600 054 4.The Inspector of Police, 1/7
T-3, Korattur Police Station, East Avenue, Karattur, Chennai- 600 050.
5.Sangeetha 6.V.Mahendra
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a direction in the nature of Writ of Mandamus , directing the respondent Authorities (1-4) to act to in accordance to Tamil Nadu and Maintainability and Welfare of parents and Senior Citizens Rules, 2009 based on the complaint dated 11.03.2024 made by the petitioner and protect the petitioner's life, dignity and movable/immovable properties presently owned and to be purchased in future, from the respondent 5 and 6 herein and vacate the respondents 5 and 6 from the petitioner's absolutely owned apartment premises situated at Flat No.1B, ''Deva Villa'', Balaji Street, Vivekananda Nagar, Kalathur, Chennai- 99 and restore the petitioner's possession of the same.
For Petitioner :
Mr.Kiran Venkatesh For Respondents :
Mr.A.Anandan Government Advocate for R1 Mr.R.Kishore Kumar Government Advocate (Crl. Side) for R1 to R4 Mr.C.R.Prasanan for R5 to R6 2/7
O R D E R
This writ petition is filed seeking to direct the respondent Authorities (1 to 4) to act in accordance to Tamil Nadu Maintainability and Welfare of parent and Senior Citizens Rules, 2009 based on the complaint dated 11.03.2024 made by the petitioner and protect the petitioner's life, dignity and movable/immovable properties presently owned and to be purchased in future, from the respondent 5 and 6 herein and vacate the respondents 5 and 6 from petitioner's absolutely owned apartment premises situated at Flat No.1B, ''Deva Villa'', Balaji Street, Vivekananda Nagar, Kalathur, Chennai99 and restore the petitioner's possession of the same. 2.The learned counsel appearing for the petitioner submitted that no action has been taken by the 1st respondent on the representation given by the petitioner till date. The petitioner is a senior citizen aged about 62 years and he has been manhandled and assaulted by the 5th respondent and the 6th respondent. The 5th respondent (daughter) and 6th respondent (son-in-law). 3/7
The learned counsel further submitted that he has already given complaint to the concerned local Police and they also have conducted enquiry and stated that it is a property dispute between the petitioner and the 5th respondent but the complaint was given with regard to the security and protection of the property owned by the petitioner.
3.The learned Government Advocate (Crl. Side) appearing for the 4th respondent submitted that based on the complaint given by the petitioner, spot inspection was conducted and is not in dispute between the petitioner and the 5th respondent who is the daughter of the petitioner. Hence, they were adviced to approach the Civil Court.
4.Heard both sides and perused the materials available on record. 5.The 1st respondent/District Collector is directed to consider the complaint dated 11.03.2024 of the petitioner, after due notice is given to the petitioner as well as the respondents 5 & 6, opportunity of personal hearing, consider the documents filed by both the parties on merits and in accordance 4/7
with law and pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
6.Accordingly, the writ petition stands disposed of with the above observations and directions. If any complaint is given by the petitioner stating that he has been assaulted or manhandled by the 5th respondent or 6th respondent, the 4th respondent shall take any appropriate action against the Respondents 5 & 6. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
19.03.2025 vsn Index : Yes / No Speaking / Non-Speaking Order 5/7
To 1.The Commissioner, Corporation of Chennai, Ripon Building, Chennai- 600 003.
2.The Assistant Engineer, Tamil Nadu Water Supply and Sewerage Board, Old No.46, Professor Sanjeevi Street, Mylapore, Chennai- 600 004.
3.The Tamil Nadu Walf Board, Rep. By its Chief Executive Officer, No.1, JafferSyrang Street, VallalSeethakathi Nagar, Chennai- 600 028.
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J.SATHYA NARAYANA PRASAD, J.
vsn and W.M.P.No.17276 of 2024 19.03.2025 7/7