← Library
Madras High CourtWP/30932/2019disposed of

V. Pachaiyammal v. The District Collector,

2019-11-04Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 30932 of 2019 V. Pachaiyammal ... Petitioner -vs1.The District Collector, Thiruvannamalai.

2. The Sub Divisional Magistrate/ Revenue Divisional Officer, Senior Citizen Maintenance and Welfare Tribunal, Revenue Divisional Office, Thiruvannamalai.

3. V. Natarajan

4. N. Vijayaraj

5. N. Sampathraj ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 and 2 to consider the representation of the Petitioner dated 30.08.2019 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizen Act 2007 and further directing them to declare the settlement deeds executed by the Petitioner in favour of the Fourth and Fifth Respondents as void.

For Petitioner :

Mr. Mr. S. Ramajayam, For Respondents:

Mr. R. Venkatesh, Government Advocate for R-1 and R-2.

O R D E R

Heard Mr. S. Ramajayam, Learned Counsel appearing for the Petitioner and Mr. R. Venkatesh, Learned Government Advocate, who takes notice for the First and Second Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

https://hcservices.ecourts.gov.in/hcservices/

2.

The Writ Petition has been filed for directing the First and Second Respondents to consider the representation dated 30.08.2019 made by the Petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and for consequential direction to the Respondents to declare the settlement deeds executed by the Petitioner in favour of the Fourth and Fifth Respondents as void. 3.

Learned Government Advocate appearing for the First and Second Respondents, on instructions, submits that the Petitioner did not appear for enquiry on the representation dated 30.08.2019 made by the Petitioner and fresh hearing has been fixed on 12.11.2019 and a memo to that effect has been filed, which is recorded.

4. The Second Respondent shall issue notice in advance to all the parties concerned and conduct enquiry on 12.11.2019 and on such other dates as may be adjourned from time to time and 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 the contentions raised by them and pass reasoned orders on merits in accordance with law, and shall communicate the decision taken to them under written acknowledgment. 5.

The Writ Petition is disposed on the aforesaid terms. No costs.

kv/bkn Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To 1.The District Collector, Thiruvannamalai.

2. The Sub Divisional Magistrate/ Revenue Divisional Officer, Senior Citizen Maintenance and Welfare Tribunal, Revenue Divisional Office, Thiruvannamalai.

+1cc to the Govt.Pleader, Advocate, SR.No.91532/19 +1cc to Mr.S.Ramanujam , Advocate SR.No. 91749(14/11/2019) W.P. No. 30932 of 2019 Kak(05/11/2019) A.SK(14/11/2019) https://hcservices.ecourts.gov.in/hcservices/