S.Chellan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2025
CORAM
THE HONOURABLE MRS JUSTICE N. MALA W.P No. 22018 of 2025 S.Chellan ... Petitioner Vs
1. The District Collector, Ariyalur District.
2.The Chief Officer, Parents-Senior Citizens Welfare Tribunal and Revenue Divisional Officer, Ariyalur Taluk and District.
.... Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directs the 2nd respondent to dispose the petition pending before the 2nd respondent and consequently direct the 2nd respondent to cancel the settlement deed in favour of petitioner's daughters in the light of the order made by this Hon'ble Division Bench in W.A. No.3582/2024 dated 06.03.2025 by following the Honourable Supreme Court judgment in Civil Appeal No.10927/2024, dated 02.01.2025 within the time fixed by this Hon'ble Court.
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For Petitioner : Mr.R.Gokulakrishnan For Respondents : Mr.K.Suresh, Government Advocate
O R D E R
Writ petition is filed for a writ of mandamus, directing the 2nd respondent to dispose the petitioner's petition, pending with the 2nd respondent and for consequential direction to the 2nd respondent to cancel the settlement deed in favour of petitioner's daughters in the light of the order passed by the Hon'ble Division Bench in W.A.No.3582 of 2024, dated 06.03.2025, by following the Hon'ble Supreme Court judgment in Civil Appeal No.10927 of 2024, dated 02.01.2025, within the time fixed by this court.
2. The petitioner owned property in Survey No.78/5B, measuring 0.04 cents and 0.05 cents in Survey No.78/5A. Whileso, the petitioner on assurance of his daughters, that they would take care him, executed a settlement deed in their favour on 14.12.2020 and 18.09.2021, with respect to the aforesaid property. After execution of the settlement deed, the petitioner was unceremoniously evicted from his house. The petitioner was suffering from various ailments, and hence was finding it very difficult to manage his medical expenses. Since the petitioner's daughter abandoned him, the petitioner 2/6
submitted a petition to the 2nd respondent on 23.09.2024, under the Welfare and Maintenance of Parents and Senior Citizens Act, 2007, seeking Rs.10,000/- as maintenance from each of his daughters or in the alternative to cancel the settlement deed executed by him in favour of his daughters on 14.12.2020 and 18.09.2021. In pursuance of the petitioner's petition, the petitioner and his daughters were summoned for enquiry on various dates. The petitioner attended the enquiry, but his daughters failed to appear for enquiry and despite their absence on more than 6 occassions, the 2nd respondent kept the matter pending without passing any order. The petitioner was therefore constrained to file the above writ petition for the aforesaid relief.
3. The learned counsel for the respondents submitted that reasonable time may be granted to dispose the petitioner's petition.
4. I have heard both sides and perused the materials placed on record. With the consent of both counsels, the main writ petition is disposed of.
5. The petitioner is a senior citizen. Admittedly, the petitioner's petition are pending since 14.12.2020, without any orders being passed. Under the facts and circumstances of the case, I issue a direction to the 2nd respondent to 3/6
dispose the petitioner's petition dated 23.09.2024, 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.
20.06.2025 dsn Index:Yes/No Speaking Order:Yes/No 4/6
To
1. The District Collector, Ariyalur District.
2.The Chief Officer, Parents-Senior Citizens Welfare Tribunal and Revenue Divisional Officer, Ariyalur Taluk and District.
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N. MALA, J.
dsn W.P No. 22018 of 2025 20.06.2025 6/6