S.Velusamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Velusamy ... Petitioner -Vs -

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer's, Coimbatore District Collector's Office, Coimbatore - 641 018.

2. The District Collector, Office of the Collectorate, Coimbatore District Collector's Office, Coimbatore - 641 018.

3. The District Revenue Officer, Office of the Collectorate, Coimbatore - 641 018.

4. V.Balasubramani ... Respondents Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents No.1 to 3 to consider the representation dated 16.07.2022. For Petitioner : No appearance For Respondents For R1 to R3 : Mr.E.Vijay Anand Additional Government Pleader

ORDER

This writ petition has been filed for direction, directing the respondents to consider the representation submitted by the petitioner dated 16.07.2022.

2.

Heard the learned counsel appearing on either side and perused the material placed before this Court. 3.

The petitioner is the father of the fourth respondent. The petitioner owned property by way of partition to an extent of 9.3 acres of land. The petitioner was under a bonafied believe that after the execution of the purported Will bequeathing entire property in favour of the fourth respondent, he and his family would completely take care of the petitioner and his wife. After the fourth respondent upon deceitfully and fraudulently making the petitioner to execute and register the purported Will gave a solemn promise of completely giving the petitioner and his wife food, shelter, apart from giving all sorts of comforts, till their death.

4.

The fourth respondent by giving such a false promise, made the petitioner to bequeath his entire properties in favour the fourth respondent, by a settlement deed dated 24.03.2020, registered vide document No.2038 of 2020 and another settlement deeds executed in favour of the fourth respondent and his son dated 26.11.2021 registered vide document Nos.8782 & 8783 of 2021. Thereafter, only the petitioner came to know about the settlement deed, which was fraudulently executed in favour of the fourth respondent and his son. Thereafter, the fourth respondent failed to maintain the petitioner and as such the petitioner filed petition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 16.07.2022. Unfortunately, it is pending on the file of the third respondent without any progress. 5.

Considering the above facts and circumstances, the third respondent is directed to issue notice to the petitioner and the fourth respondent and after giving opportunity of hearing and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this Order.

6.

With the above directions, the Writ Petition stands disposed of. There shall be no orders as to costs.

04.06.2024 Index : Yes/No Speaking/Non Speaking order rts

To

1. The Revenue Divisional Officer, Office of the Revenue Divisional Officer's, Coimbatore District Collector's Office, Coimbatore - 641 018.

2. The District Collector, Office of the Collectorate, Coimbatore District Collector's Office, Coimbatore - 641 018.

3. The District Revenue Officer, Office of the Collectorate, Coimbatore - 641 018.

G.K.ILANTHIRAIYAN. J, rts 04.06.2024