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Madras High CourtWP/28013/2025allowed

M.Kabali v. The District Collector

2025-08-11Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-08-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA

1. M.Kabali S/o.Murugesan, No.117, 1st Main Road, Alwar Thiru Nagar, Anex, Chennai District.

Petitioner(s) Vs

1. The District Collector Chennai District, Singaravelan Maligai, Chennai-600 001.

2.Revenue Divisional Officer Office Of Revenue Divisional Officer, Chennai District.

3.The State Rep. By The Assistant Commissioner Of Police, Office Of The Commissioner Of Police, Chennai.

4.The Inspector Of Police R-5, Virugambakkam Police Station, Chennai.

5.K.Muthukumaran, S/o.M.Kapali, No.117, 1st Fllor, 1st Main Road, Alwar Thirunagar, Anex, Chennai Dsitrict.

6.M.Selvasundari W/o.Muthukumaran, No.117, 1st Floor, 1st Main Road, Alwar Thiru Nagar, Anex, Chennai District.

Respondent(s) PRAYER: Directing the 2nd respondents to dispose the petitioner representation dated 05.02.2024 i.e, petitioner No.7967666 pending before the 2nd respondent by evicting the 5th and 6th respondents within a time period For Petitioner(s):

D.Padmanabhan M.Murali Ragul V.Vijayakumar M.Yogeswaran For R1 to R4:

Mr.K.Suresh, Government Advocate

ORDER

The Writ Petition is filed for the below relief: "directing the 2nd respondents to dispose the petitioner representation dated 05.02.2024 i.e, petition No.7967666 pending before the 2nd respondent by evicting the 5th and 6th respondents within a time period"

2. The brief facts which are culminated in the filing of this Writ Petition are set out below:

2.1. The case of the petitioner is that the petitioner is a retired senior citizen living along with his spouse in his self acquired house property in Chennai. The 5 th and 6 th Respondents herein are his son and daughter-in-law. In order to provide better education for his grand son and also for reducing the travel time of his son, on the request of the 5th Respondent, the petitioner had allowed them to reside in his house for few days. However, over time, the 5th and 6th Respondents began harassing the petitioner and his wife began harassing and threatened to kill them. They also refused to vacate the premises and tortured to transfer the title of the property in their name. 2.2. As the petitioner is a retired person, he depends only on the rental income from the tenants for his livelihood.

But the 5th and 6th Respondents had also harassed the tenants and made them to vacate the premises. Hence, the Petitioner had made a complaint before the 4th Respondent for which the 5th Respondent gave an undertaking to vacate and handover possession on 31.01.2024. Unfortunately, to date, the Respondent had not vacated the property. Further, the petitioner had also made a representation dated 05.02.

No.7967666 by the 2nd respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the 5 th and 6 th Respondents.

However, no effective steps have been taken by the Respondents to redress the grievance of the petitioner. Therefore, the petitioner had approached this Court seeking a mandamus directing the 2nd Respondents to dispose his representation.

3. Heard the learned Counsels and perused the records.

4. Considering the limited relief that is sought for, a mandamus is issued to the 2nd respondent to dispose of the representation dated 05.02.2024 within a period of one (1) month from the date of receipt of copy of this order.

5. Accordingly, this Writ Petition stands allowed. No costs. 11-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Chennai District, Singaravelan Maligai, Chennai-600 001.

2.Revenue Divisional Officer Office Of Revenue Divisional Officer, Chennai District.

3.The State Rep. By The Assistant Commissioner Of Police, Office Of The Commissioner Of Police, Chennai.

4.The Inspector Of Police R-5, Virugambakkam Police Station, Chennai.

5.K.Muthukumaran, S/o.M.Kapali, No.117, 1st Fllor, 1st Main Road, Alwar Thirunagar, Anex, Chennai Dsitrict.

6.M.Selvasundari W/o.Muthukumaran, No.117, 1st Floor, 1st Main Road, Alwar Thiru Nagar, Anex, Chennai District.

P.T.ASHA J.

shl 11-08-2025