Madras High CourtWP/19168/2023disposed of

N.Tharabai v. The District Collector

2023-06-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI N.Tharabai . . . Petitioner Vs.

1. The District Collector, Collectorate Building, Ranipet District.

2. The Revenue Divisional Officer, RDO Office, Ranipet District.

3. Kavitha

4. Ramu . . . Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue an order of Writ of Mandamus or any other writ of direction or order in the nature of writ directing the 1st respondent to take appropriate action as against the Respondents 3 and 4 by invoking Protection of Life and Property of Senior Citizens as contemplated under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 based on Petitioner's representations dated 17.04.2023 and to pass appropriate orders in that regard within the stipulated time frame to be fixed by this Hon'ble Court.

For Petitioner : M/s.S.P.Arthi For Respondents : Mr.P.Sathish, Additional Government Pleader for R1 & R2.

ORDER

This Writ Petition has been filed for a direction to the 1st respondent to take appropriate action against the respondents 3 & 4 under Protection of Life and Property of Senior Citizens as contemplated under the Maintenance & Welfare of Parents and Senior Citizens Act, 2007 on the basis of the Petitioner's representations dated 17.04.2023

2. Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the Respondents 1 & 2.

3. It is the case of the petitioner that her husband purchased one property during his lifetime. After the demise of her husband, the petitioner was surviving with the rental income from the aforesaid property. While

so, the respondents 3 & 4 who are the daughter and son-in-law of the petitioner have forcibly made her to execute the settlement deed in their favour with respect to the aforesaid property. After the above settlement, the petitioner is not being taken care of by the respondents 3 & 4. Thereby, the petitioner made a representation dated 17.04.2023 before the 1st respondent seeking to take action against the respondents 3 & 4. Since, the said representation did not evoke any response, the petitioner is before this Court.

4. Though very many grounds have been raised, however, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 1st Respondent to consider the representation dated 17.04.2023 made by the petitioner seeking to take action against respondents 3 & 4 and pass orders on merits, within the time that may be stipulated by this Court.

5. Learned Additional Government Pleader appearing for the 1st respondent has no objection to the said order being passed.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 17.04.2023 seeking to take appropriate action against the private respondents and pass appropriate orders in accordance with law, within a period of six weeks from the date receipt of a copy of this order.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

28.06.2023 Index : Yes / No Internet : Yes / No NHS

1. The District Collector, Collectorate Building, Ranipet District.

2. The Revenue Divisional Officer, RDO Office, Ranipet District.

M.DHANDAPANI, J NHS 28.06.2023