Sheeba Thiyagarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.06.2024
CORAM:
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.13835 of 2024 Mrs. Sheeba Thiyagarajan .. Petitioner
Versus
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Revenue Divisional Officer, Sriperumbudur Division, Kancheepuram District.
3. T. Sathish
4. S. Deepa
...Respondents
Prayer: This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents 1 and 2 to initiate necessary action against the respondents 3 and 4 as per the provisions contemplated under the Tamil Nadu Maintenance of Welfare of Parents and Senior citizens Act, 2007 and Rules 2009 so as to enable the petitioner to live in the house situated at Plot No.141, Door No.70, 1/6
Manikandan Nagar, 1st Street, Kundrathur, Chennai-69 on the basis of the application prescribed as Form-A dated 02.09.2023 on merits and as per law, within a time limit that may be stipulated by this Court. For Petitioner : Mr.N.R. Jasmine Padma For Respondents1 and 2 : Mr.P. Gurunathan Additional Government Pleader
ORDER
This petition is filed to seeking a direction directing the second respondent to dispose the petitioner's complaint dated 02.09.2023 pending on his file and pass orders.
2. The learned Additional Government Pleader takes notice for the official respondents. In view of the consent expressed by the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing, this petition is taken up for final disposal. 3.The facts of the case is that the husband of the petitioner died intestate on 05.05.2021 leaving behind the petitioner and two sons as legal heirs. The second son of the petitioner who is the third respondent 2/6
herein created some forged documents and illegally taken possession of the property situated in Survey No.146, Pzahanthadalam Village, Kundrathur Taluk, Kancheepuram District worth about Rs.3 crores. Further more the second son of the petitioner along with some rowdy elements started giving trouble to the petitioner and withdrawn Rs.39,72,217/- from her bank account. Hence, the petitioner made a complaint before the first and second respondents under Rule-3 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to cancel the forged documents. The grievance of the petitioner is that the first and second respondents have not taken action against the petitioner's complaint till date. Hence, this petition.
4. The learned counsel for the petitioner submitted that the petitioner is a senior citizen aged about 73 years and she is leading her life like an orphan. Hence, prays to allow this petition.
5. The learned Government Advocate appearing for the official respondents submitted that they will prioritize the case of the petitioner as the petitioner is a senior citizen and take action in the manner known to 3/6
law as early as possible
6. For the foregoing reasons, this Court without expressing any opinion on the merits of the case directs the first and second respondents to consider the petitioner's complaint dated 02.09.2023 and conduct an enquiry within a period of eight weeks from the date of receipt of a copy of this order. The first and second respondents are further directed to dispose of the case within a period of four weeks from the date of conducting the enquiry.
7. With the aforesaid direction, this writ petition is disposed of. No order as to costs.
04.06.2024 Speaking order : Yes/No Index : Yes/No smn To 4/6
1. The District Collector, Kancheepuram District, Kancheepuram.
2. The Revenue Divisional Officer, Sriperumbudur Division, Kancheepuram District.
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V.BHAVANI SUBBAROYAN, J.
smn W.P.No.13835 of 2024 04.06.2024 6/6