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Madras High CourtWP/20762/2021disposed of

Mrs.V.Rajeshwari v. The District Collector

2021-09-28Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HON'BLE MR.JUSTICE R. MAHADEVAN W.P.No.20762 of 2021 V. Rajeswari ... Petitioner versus

1. The District Collector, O/o. District Collectorate Campus, Thiruvallur District, Thiruvallur.

2. The District Revenue Officer, O/o. District Collectorate Campus, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Avadi Taluk, Pattabiram, (near Hindu College), Pattabiram.

4. Mrs.Leena Saraswathi

5. Mr. Loganathan ... Respondents Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the third respondent to consider the petitioner's representation dated 06.11.2020 and consequentially initiate action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. For Petitioner :

Mr.G.Mohanakrishnan For Respondents :

Mr.G.Krishnaraja Govt. Counsel

O R D E R

The petitioner has come up with this Writ Petition seeking a mandamus directing the third respondent to consider her representation dated 06.11.2020 and consequentially initiate action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2.According to the petitioner, her third daughter and her husband / respondents 4 and 5 led the petitioner to believe that she was executing a power of attorney, but made her to execute a settlement deed during the year 2015 and thereby grabbed her landed property and a laundering unit and created encumbrance on the same to the value of Rs.50,00,000/- with a financial institution. When the same was questioned, the petitioner was threatened with dire consequences. Therefore, she filed a petition on 03.11.2020 to the first respondent, requesting to initiate action against the respondents 4 and 5, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which was subsequently forwarded to the second respondent on 06.11.2020 and thereafter, to the third respondent on 28.11.2020. However, no enquiry was conducted on the same. Therefore, the petitioner has filed this writ petition for the aforesaid relief.

3.Heard both sides and perused the materials placed before this court.

4.Considering the limited relief sought herein, this court, without going into the merits of the case, directs the third respondent to consider the petitioner's petition dated 06.11.2020 given under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as the respondents 4 and 5 within a period of eight weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar msr

To

1. The District Collector, O/o. District Collectorate Campus, Thiruvallur District, Thiruvallur.

2. The District Revenue Officer, O/o. District Collectorate Campus, Thiruvallur District, Thiruvallur.

3. The Tahsildar, Avadi Taluk, Pattabiram.

+1cc to Mr.A.Thirumaran, Advocate, S.R.No.50036 +1cc to the Government Pleader, S.R.No.50523 W.P.No.20762 of 2021 VG-II(CO) SU(27/10/2021)