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Madras High CourtWP/29092/2019withdrawn dismissed

Smt.Varalakshmi v. The Revenue Divisional Officer

2019-11-29Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 29092 of 2019 and W.M.P. No. 28864 of 2019 Varalakshmi ... Petitioner Vs.

1. The Revenue Divisional Officer Central Chennai Division Chennai.

2. Bhagavathi Ammal

3. Madhan Mohan Rao

4. Renuka Devi

5. Himamachalavahini

6. Suryakala ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Certiorari, call for the records relating to the impugned notice issued by the First Respondent vide Na.Ka.No.1010/2019/A5 dated 19.07.2019 and quash the entire proceedings initiated against the petitioner and her sons as illegal and improper.

For Petitioner :

Mr. S. Kingston Jerold For Respondents :

Mr. R. Venkatesh (For R1) Government Advocate Mr. V. Raghavachari For Mr. P. Vasanth (For RR2,3,5 & 6) R4- Batta not filed

ORDER

When it is pointed out that the order impugned in this Writ Petition is merely requiring the Petitioner to appear for enquiry in proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and that she would have to attend the enquiry before the First Respondent to place her explanation with supporting materials and it is only in the 1/2 https://hcservices.ecourts.gov.in/hcservices/

event of an order entailing adverse civil consequences that she could be aggrieved, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition and he has also made an endorsement to that effect, which is recorded. 2.

Accordingly, the Writ Petition is dismissed as withdrawn. The First Respondent shall ensure that there is atleast one effective hearing every week showing progress of the case and after affording full opportunity of hearing to all parties concerned, shall consider each of their contentions and pass reasoned order on merits and in accordance with law and communicate the decision taken to all the parties under written acknowledgment. It is made clear that depending upon the ultimate outcome of the proceedings before the First Respondent, it would be open to the concerned parties to work out their remedies for necessary relief before the competent forum in the manner recognized by law. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To The Revenue Divisional Officer Central Chennai Division Chennai.

+1 cc to M/s.S.Kingston Jerold,Advocate Sr.No. 99828 +1 cc to M/s.P.Vasanth,Advocate Sr.No. 100570 +1 cc to The Government Pleader, Sr.No. 100709 AKM/07.01.2020/2P-5C / W.P. No. 29092 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/