C.A. Velayutham v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. Nos. 30993 and 30994 of 2019 C.A. Velayutham ... Petitioner in both W.Ps.

-vs1. The District Collector, Chennai District, Chennai.

2. The Revenue Divisional Officer, Ambattur Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai 600 040.

3. The Sub Registrar, Kodambakkam Sub Registrar Office, No. 37/5, Alagiri Nagar 5th Street, 100 Feet Road, Chennai 600 024.

.. Respondents 1 to 3 in both W.Ps.

4. V. Rajasubramaniam ..4th Respondent in W.P. No. 30993 OF 2019

4. V. Kamalnath ..4th Respondent in W.P. No. 30994 OF 2019 Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to conduct an enquiry under the provisions of "The Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009" for cancellation of Settlement Deeds registered as Document Nos. 499/2016 and 500/2016, both dated 10.02.2016 on the file of the Sub Registrar Office, Kodambakkam, Chennai, executed in favour of the Fourth Respondent on the basis of the Petitioner's representation dated 09.09.2019.

For Petitioner :

Mr. M. Rakhi For Respondents :

Mr. R. Venkatesh, (For R1 & R2) Government Advocate

Mr. T.M. Pappiah, (For R3) Special Government Pleader COMMON ORDER Heard Mr. M. Rakhi, Learned Counsel appearing for the Petitioner, Mr. R. Venkatesh, Learned Government Advocate appearing on behalf of the First and Second Respondents and Mr. T.M. Pappiah, Learned Special Government Pleader appearing on behalf of the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties. 2.These Writ Petitions have been filed to direct the Second Respondent to conduct enquiry under the provisions of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 for cancellation of Settlement Deeds registered as Document Nos. 499/2016 and 500/2016, dated 10.02.

2016 on the file of the Sub Registrar Office, Kodambakkam, Chennai, executed in favour of the Fourth Respondent in both cases on the basis of the representation dated 09.09.2019 made by the Petitioner. 3.Learned Government Advocate appearing for the Second Respondent, on instructions, submits that the enquiry has been fixed by the Second Respondent at 11.00 a.m. on 13.11.2019 and that notice for the same would be issued to all parties concerned.

4.In view of the submission made, the Petitioner and other concerned parties shall attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and extend their co-operation for the expeditious disposal of the matter. It shall be ensured that there is atleast one effective hearing every week showing progress of the case. The Second Respondent after giving 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 parties. 5.The Writ Petitions are disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

1. The District Collector, Chennai District, Chennai.

2. The Revenue Divisional Officer, Ambattur Division, 5-73, SH 112, Gandhi Nagar, Anna Nagar West Extension, Chennai 600 040.

3. The Sub Registrar, Kodambakkam Sub Registrar Office, No. 37/5, Alagiri Nagar 5th Street, 100 Feet Road, Chennai 600 024.

+1 cc to M/s.M.Rakhi,Advocate Sr.No. 92663 +1 cc to The Government Pleader Sr.No.93029 and 93359 AKM/18.11.19/3P-6C / W.P. Nos. 30993 and 30994 of 2019