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Madras High CourtWP/16462/2021disposed of

Subramanian v. The District Collector

2022-01-19Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.16462 OF 2021 Subramanian ... Petitioner .Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The Revenue Divisional Officer, Villupuram, Villupuram District.

3. Govindhan

4. Balu

5. Murali ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd Respondent to take action against the respondents 3 to 5 and subsequently cancel the settlement deeds stands in favour of respondents 3 to 5 vide document Nos.1251/2010, 1252/2010 and 1253/2010 on the file of S.R.O.Vikkaravandi, Villupuram District, in pursuance of petitioners representation dated 22.10.2020.

For Petitioner :

Mr.K.Subash For R1 & R2 :

Mr.P.Gurunathan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 2nd respondent to take action against the respondents 3 to 5 and subsequently cancel the settlement deeds stands in favour of respondents 3 to 5 vide document Nos.1251/2010, 1252/2010 and 1253/2010 on the file of

S.R.O.Vikkaravandi, Villupuram District, in pursuance of petitioners representation dated 22.10.2020.

2. The case of the petitioner is that the petitioner is a Small Scale Farmer, senior citizen. The respondents 3 to 5 are his sons and all of them got married and living separately along with their respective family members. The petitioner and his wife are eking out their livelihood with meager income without any support from the respondents 3 to 5. The petitioner also had a property comprised in S.F.No.102/3A, measuring an extent of 1.30 cents situated at Sittheri Village, Villupuram District and in the year 2010, he settled 0.26 cents of his property in favour of respondents 3 to 5 by executing a Settlement Deed, on the file of the Sub Registrar Office, Vikkaravandi, Villupuram District.

After the execution of the Settlement Deed, the respondents 3 to 5 started to neglect the petitioner and his wife and failed to care them by not even providing basic needs and thereby, the petitioner and his wife are put to untold hardship and loss. Furthermore, it is alleged by the petitioner that the respondents 3 to 5 are using unparliamentary words and also physically harassed the petitioner to vacate them from the remaining piece of land, which is in possession of the petitioner. Therefore, on 24.07.2020, the petitioner had lodged a complaint with the Inspector of Police, Kanjanur Police Station and the same was registered as C.S.R.NO.467 of 2020.

3. Further on 22.10.2020, the petitioner sent his representation to the respondents 1 and 2 to take action against the respondents 1 and 3 and to cancel the Settlement Deeds. Subsequently on 07.11.2020, the 2nd respondent sent a summon to the petitioner and also to the respondents 3 to 5 under Parents, Senior Citizen Maintenance and Welfare Rules, 2009, for an enquiry and after receipt of summon, the petitioner had duly appeared, however the respondents 3 to 5 failed to appear for enquiry. Even after, the petitioner had approached the 2nd respondent on several occasions for redressal of his grievance. While such being the case, on 12.01.

2021, the petitioner gave representation to the 1st respondent to take action against the respondents 3 to 5 and to cancel the Settlement Deed which were executed by the petitioner in favour of the respondents 1 to 3. The 1st respondent after receipt of the representation, forwarded the same to the 2nd respondent for appropriate action. However, both the representations dated 22.10.2020 and 12.01.2021 are pending before the 2nd respondent as unattended. Aggrieved over the inaction on the part of the respondents 1 and 2 in not considering his representation, the petitioner is before this Court.

4. The learned counsel appearing for the petitioner submitted that it would suffice if this Court issues direction

to the 2nd respondent to consider the petitioner's representations dated 22.10.2020 and 12.01.2021 and pass orders on the same within a particular time frame fixed by this Court.

5. The learned Additional Government Pleader has no objection for said order being passed and submitted that the petitioner's representation will be considered within a prescribed time limit.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 2nd respondent to consider the petitioner's representations dated 22.10.2020 and 12.01.2021 under the Parents, Senior Citizen Maintenance and Welfare Rules, 2009, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. 19.01.2022 sk FOR BEING MENTIONED This matter having been listed on 24/01/2022, under the Caption "For Being Mentioned" in persuance of the Order dated 19/01/2022 and made herein and in the presence of Mr.K.Subash, Advocate for the Petitioner and of Mr.P.Gurunathan, Additional Government Pleader for the First and Second Respondents, this Court made the following Order:- The present petition was listed under the caption "For being mentioned".

2. However, on perusal of the earlier order dated 19.01.2022, it reveals that no further clarification is required. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar skt

To 1.

The District Collector, Villupuram District, Villupuram.

2.

The Revenue Divisional Officer, Villupuram District, Villupuram.

W.P.NO.16462 OF 2021 SPD(CO) PBS/25/02/2022