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Madras High CourtWP/19168/2025disposed of

G.Murugesan v. The District Collector

2025-06-04Honourable Mrs Justice N. Mala6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2025

CORAM

THE HONOURABLE MRS JUSTICE N. MALA W.P No. 19168 of 2025 G.Murugesan ... Petitioner Vs

1. The District Collector, Ranipet District.

2.The Revenue Divisional Officer, Ranipet District.

3.The Tamil Nadu State Transport Corporation, Vellore Circle Madina Nagar, Vellore-632 008.

4.M.Pazhani .... Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd Respondent to consider Petitioner representation dated 22.03.2024 issued under the Maintenance and Welfare of Parents and Senior citizens Act 2007 issued to take necessary steps to cancel the settlement deed.

For Petitioner : Mr.L.Ram Kumar For Respondents : Mr.R.Murthi, Government Advocate for RR1 to 3 1/6

O R D E R

With the consent of both sides learned counsels, this writ petition is disposed of at the admission stage itself.

2. Mr.R.Murthi, learned Government Advocate takes notice for the respondents 1 to 3.

3. Writ petition is filed for a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 22.03.2024, issued under the Maintenance and Welfare of Parents and Senior citizens Act, 2007, and to take necessary steps to cancel the settlement deed and for further orders.

4. The petitioner is the father of the 4th respondent. On 26.04.2023, the petitioner executed a settlement deed in Doc.No.1029 of 2023, on the file of the SRO, Ranipet, in favour of the 4th respondent, out of love and affection for him. According to the petitioner, after execution of the settlement deed in his favour, the 4th respondent failed to take care of him and his wife and further rented out the property for Rs.17,000/- to outsiders. The petitioner therefore preferred a petition to the 2nd respondent, under the Maintenance and Welfare of Parents Senior Citizens Act, 2007, to cancel the settlement deed executed by him in 2/6

favour of the 4th respondent. The 2nd respondent conducted a detailed enquiry and passed an order on 30.11.2023, directing the 4th respondent to pay a sum of Rs.12,500/- every month as maintenance to the petitioner instead of cancelling the Settlement Deed. Despite the 2nd respondent's direction, to pay the monthly maintenance of Rs.12,500/- to the petitioner, the 4th respondent did not comply with the same. The petitioner therefore sent a representation on 22.03.2024, to the respondents 1 and 2, to take action against the 4th respondent, for noncompliance of the order dated 30.11.2023, of the 2nd respondent. As no action was taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.

5. It is undisputed that the 2nd respondent passed an order on 30.11.2023, directing the 4th respondent to pay a sum of Rs.12,500/- every month as a maintenance to the petitioner, in the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior citizens Act, 2007. The 2nd respondent instead of cancelling the settlement deed executed by the petitioner in favour of the 4th respondent, deemed it fit to direct the 4th respondent to pay the maintenance amount of Rs.12,500/- per month to the petitioner. Despite the 2nd respondent's order, the 4th respondent failed to pay the monthly maintenance and therefore, the petitioner represented to the respondents on 22.03.2024, 3/6

against non-compliance of the order of the 2nd respondent by the 4th respondent. The petitioner's representation though submitted as early as on 22.03.2024, was not acted upon by the respondents.

6. In view of the above facts and circumstances, and considering the fact that the petitioner's representation dated 22.03.2024, has been kept pending without any steps being taken towards implementation of the order of the 2nd respondent dated 30.11.2023, I am inclined to direct the 2nd respondent to take appropriate action on the petitioner's representation dated 22.03.2024, within a period of four (4) weeks from the date of receipt of a copy of this order. Writ petition is accordingly disposed of. However, there shall be no order as to costs.

04.06.2025 dsn 4/6

To

1. The District Collector, Ranipet District.

2.The Revenue Divisional Officer, Ranipet District.

3.The Tamil Nadu State Transport Corporation, Vellore Circle, Madina Nagar, Vellore-632 008.

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N. MALA, J.

dsn W.P No. 19168 of 2025 04.06.2025 6/6