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Madras High CourtWP/19518/2021disposed of

Poongothai v. The District Collector

2021-09-15Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE R. MAHADEVAN Writ Petition No.19518 of 2021 Poongothai ... Petitioner

Versus

1. The District Collector Cuddalore District Cuddalore

2. The Revenue Divisional Officer Virudhachalam Cuddalore District

3. Rajasekar ... Respondents Petition filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus directing the second respondent to dispose of the representation preferred by the petitioner on 16.08.2021 in accordance with law For Petitioner :

Mr. N. Velmurugan For respondents :

Mr. Stalin Abhimanyu, Government Counsel for R1 and R2

ORDER

This writ petition has been filed by the petitioner praying to issue a Writ of Mandamus directing the second respondent to dispose of his representation dated 16.08.2021 in accordance with law.

2. The contention of the petitioner is that her husband Kannan died leaving behind him the petitioner and her three sons. According to the petitioner, during the life time of her husband, in the year 2003, he purchased a land measuring 260 sq.ft. in which they constructed a multi-storeyed building by investing huge money. Thereafter, her elder son Rajasekar, the third respondent herein, harassed the petitioner and her husband and he did not maintain them and also evicted them from https://hcservices.ecourts.gov.in/hcservices/

the property and grabbed the same. He also given trouble to the petitioner at her old age and prevented her from collecting rents from the tenants in the building. In this context, the petitioner has given a representations on 05.02.2020 and 16.08.2021 to take action against the third respondent under the Tamil Nadu Maintenance and Welfare of Parent and Senior Citizen Act, 2007, but no action was taken. Hence this writ petition.

3. The learned Government Counsel for the respondents 1 and 2 fairly submitted that the petitioner's representation dated 16.08.2021 will be considered by the second respondent in accordance with law.

4. Considering the limited scope of prayer and also taking into account the submission made by the learned Government Counsel appearing for the respondents 1 and 2, this Court directs the second respondent to consider the petitioner's representation dated 16.08.2021, afford an opportunity of hearing to her and the third respondent and pass appropriate order on merits, in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mst/rsh To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Virudhachalam, Cuddalore District.

WP No.19518 of 2021 pvs[co] srg 18/10/2021 https://hcservices.ecourts.gov.in/hcservices/