S.Savarimuthu, (M/87) v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-06-2025

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA WP.No.15320 of 2025 S.Savarimuthu, (M/87), S/o. Sathiyanathan, Mangalam Kattu Kottai, Erudaiyampattu Village and Post, Vanapuram Taluk, Kallakurichi District - 605 702.

Petitioner(s) Vs 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi District - 606202.

2.The Sub-Inspector of Police, Moongilduraipattu Police Station, 3.Josephraj, (M/58) S/o. Savarimuthu, Mangalam Kattu Kottai, Erudaiyampattu Village and Post, Vanapuram Taluk, Kallakurichi District - 605 702.

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4.Emmanuelraj, (M/45) S/o.Savarimuthu, Mangalam Kattu Kottai, Erudaiyampattu Village and Post, Vanapuram Taluk, 5.Bakkiyaraj, (M/43) S/o.Savarimuthu, Mangalam Kattu Kottai, Erudaiyampattu Village and Post, Vanapuram Taluk, 6.B.Lourdu Sasikala, (F/38) W/o. Bakkiyaraj, Mangalam Kattu Kottai, Erudaiyampattu Village and Post, Vanapuram Taluk, Respondent(s) 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 1 st respondent to conduct enquiry and pass orders to vacate the 5 th and 6 th respondents from the house and agricultural land, situated in Survey No.114/2, Mangalam Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's complaint dated 24.02.2025, within stipulated time may be fixed by this Hon'ble High Court and thus render Justice. For Petitioner:

Mr.G.Anandaraj For Respondents:

Mr.A.Anandan, Government Advocate for R1 Mr.R.Kishore Kumar, Government Advocate for R2 2/6

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, directing the 1 st respondent to conduct enquiry and pass orders to vacate the 5 th and 6 th respondents from the house and agricultural land, situated in Survey No.114/2, Mangalam Village, Vanapuram Taluk, Kallakurichi District by considering the petitioner's complaint dated 24.02.2025.

2. The petitioner, a senior citizen residing in Mangalam Village, Kallakurichi District, has five sons and three daughters, all of whom are married and settled separately. He lost his wife, Soundariammal, in February 2022 due to alleged ill-treatment by his son (5 th respondent) and daughter-in-law (6th respondent). The petitioner had orally received two parcels of agricultural land through family partition in 1980, which he later settled in favour of his third son (3rd respondent) via registered deeds in January 2018. The 3 rd respondent subsequently sold the lands to the 4 th respondent, who allowed the petitioner to reside in the house and provided basic amenities. However, on 22.08.2023, the th and 6 th respondents allegedly forcefully occupied the house and land with the 3/6

help of hired goons and evicted the petitioner. The petitioner, now homeless and neglected, claims to be begging for food and medical aid.

3. Learned counsel appearing for the petitioner submits that despite lodging a complaint under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 24.02.2025, the 1 st respondent failed to initiate any enquiry or provide relief. Although an enquiry was held by the 2 nd respondent on 07.03.2025, it resulted only in oral instructions with no effective outcome. He argues that the inaction of the authorities violates his fundamental rights under Articles 14, 19, and 21 of the Constitution. He further submits that the 5 th and 6 th respondents continue to harass him and that the authorities failed to protect his right to life with dignity. Hence, this case.

4. Learned Government Advocate appearing for R1 submits that already an enquiry has been initiated by the 1 st respondent and requests three months to complete the enquiry.

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 conduct conclude the enquiry on merits, in accordance with law and 4/6

pass appropriate orders within a period of three months from the date of receipt of a copy of this order.

In the result, the writ petition stands disposed of with the above observations and direction. No costs.

26.06.2025 smn Index:Yes/No Speaking order:Yes/No To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi District - 606202.

2.The Sub-Inspector of Police, Moongilduraipattu Police Station, 5/6

N.MALA, J.

smn WP.No.15320 of 2025 26.06.2025 6/6