R.Ramanathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Ramanathan ... Petitioner -Vs1. The District Collector, Chengalpattu, Collectorate Office, Chengalpattu District - 603 111.

2. S.Solaimuthu Raja

3. Venkatesan ... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to initiate necessary actions against the second and third respondents based on petitioner's representation dated 27.07.2022. For Petitioner : Mr.D.Suriyanarayanan For R1 : Mr.S.J.Mohamed Sathik Government Advocate

ORDER

This writ petition has been filed for direction directing the first respondent to initiate necessary actions against the second and third

respondents based on petitioner's representation dated 27.07.2022.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the first respondent and perused the materials available on record.

3. The petitioner owned property at Flat 5D, Ramaniam Pushkar Phase-I situated at No.15, Kalaigar Karunanidhi Salai, O.M.R.-E.C.R Joint Road, Sholinganallur, Chennai. The petitioner had rented out the said premises in favour of the second respondent. The second respondent also failed to pay any rent. Thereafter, the second respondent also inducted the third respondent as sub-tenant under him for higher rent by receiving huge amount. Therefore, the petitioner lodged a complaint under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

4. Admittedly, the second and third respondents are private parties and they are not relatives to the petitioner. The complaint under the said

Act is maintained only as against the children of the petitioner or relatives, such as legal heirs. Therefore, the complaint itself is not maintainable under the said Act.

5. In view of the above, the representation submitted by the petitioner cannot be considered and the writ petition is devoid of merits and is liable to be dismissed. However, the petitioner is at liberty to approach the Civil Court for appropriate relief as against the respondents 2 and 3 herein in the manner known to law, if so advised.

6. Accordingly, this writ petition stands dismissed. No costs. 20.08.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To The District Collector, Chengalpattu, Collectorate Office, Chengalpattu District - 603 111.

20.08.2024