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Madras High CourtWP/16112/2025disposed of

Velayudham v. The District Collector

2026-02-03Honourable Mr.Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-02-2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No. 16112 of 2025 Velayudham ..Petitioner(s) Vs

1. The District Collector Office of the District Collector, Chengalpet-600 001

2. Babu

3. Dhanushkodi ..Respondent(s) Prayer:- Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or direction or directions in the nature of Writ directing the first respondent to initiate swift action to dispose of the petitioner's appeal dated 10.02.2025 against the order passed by the District Revenue officer in Na.Ka.No.2557/2024/Aa dated 06.01.2025 under the Maintenance and Welfare of Parents and Senior Citizens Act 2007. For Petitioner(s):

Mr.R.C.Manaoharan For Respondent(s):

Mr.A.M.Ayyadurai Government Advocate for R1

ORDER

This matter was listed before me on 23.01.2026 and I have also ordered notice to the respondents 2 and 3, returnable by 09.02.2026. However, subsequently, it is brought to the notice of this Court that the matter originally came before the Honourable Mr.Justice J.Sathya Narayana Prasad on 30.04.2025. His lordship had passed an order disposing of the Writ Petition itself. However, before he could sign the order unfortunately he passed away and he is no more with us. The order that was dictated and typed out is already transcribed and is kept in the bundle. The following is the order passed by the learned Judge and the entire order as passed by His Lordship is extracted as under:- "This writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to initiate swift action to dispose of the petitioner's appeal dated 10.02.2025 against the order passed by the District Revenue Officer in Na.Ka.No.2557/2024/Aa dated 06.01.2025 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. The petitioner, a senior citizen, executed a Registered Settlement Deed on 26.09.2011 (Doc. No. 3878/2011) in favour of his son and daughter-the 2nd and 3rd respondents-trusting they would

take care of him in his old age. However, after the deed was executed, the respondents allegedly neglected him and forced him out of the house. Consequently, the petitioner filed a petition under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The authorities, without conducting a fair inquiry or recording the petitioner's statement, relied on a biased report from the Village Administrative Officer and passed an adverse order on 06.01.2025. The petitioner filed an appeal on 10.02.2025 and followed up with further representations on 17.02.2025 and 24.02.2025, but no action has been taken, prompting the filing of this writ petition.

3. Learned counsel appearing for the petitioner contends that the Settlement Deed was executed in good faith, expecting care and support from his children, but they betrayed this trust by abandoning him. He alleges that the authorities colluded with the respondents and conducted a sham inquiry, leading to an unjust order based on false claims of the respondents' disability and poverty. He asserts that no opportunity was given to him to present his side and that the appeal he filed remains pending without consideration. Hence, the petitioner seeks a direction from the Court to ensure that his appeal dated 10.02.2025 is duly considered and disposed of in accordance with law.

4. Learned Government Advocate appearing for the first respondent submits that the petitioner's appeal dated 10.02.2025 would be considered on merits, in accordance with law, within a time frame stipulated by this Court.

5. Heard both sides and perused the materials available on record.

6. Without going into the merits of the case, the first respondent is directed to dispose of the petitioner's appeal dated 10.02.2025 against the order passed by the District Revenue Officer in Na.Ka.No.2557/2024/A4 dated 06.01.2025 on merits, in accordance with law, and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. 7.In the result, the writ petition stands disposed of with the above observation and direction. No costs."

2.In view thereof, the order that is passed by this Court dated 23.02.2026 ordering notice to respondents 2 and 3 stands recalled and this Writ Petition is disposed of on the same terms as ordered above. 03-02-2026 ep To

1. The District Collector Office Of The District Collector, Chengalpet-600 001

D.BHARATHA CHAKRAVARTHY, J.

ep 03-02-2026