N.Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Sri. N.Shanmugam ... Petitioner Vs.

1.The District Collector RMFW+GX3, Tiruvannamalai - Kanchipuram Road Thaiyar Kullam, Kancheepuram 631 501 2.The Revenue District Officer No.6/114, Pattnoolchathram, Sriperumbudur 602 105 3.Chitra ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petitioner's representation dated 26.03.2025 relating to the cancellation of settlement deed dated 06.08.2014, registered as Doc.No.5786 of 2014 in the office of the Sub Registrar, Pammal, and also to provide maintenance to the petitioner, within a time frame fixed by this Court. For Petitioner(s) : Mr.N.Sivaprakash For Respondent(s) : Mr.Yogesh Kannadasan Special Government Pleader 1/4

ORDER

By consent, the above writ petition is taken up today for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to the 3rd Respondent is hereby dispensed with.

2. The petitioner herein is an octogenarian and has filed a petition under Section 9, 20 and 23 of Maintenance and Welfare of Parents and Senior Citizen Act, 2007. The said petition was sent by registered post with acknowledgement due and it has been delivered to the 2nd respondent. Since no action has been taken by the 2nd respondent till now, the petitioner has come before this Court seeking for appropriate orders.

3.Heard the learned counsel for the petitioner as well as the Special Government Pleader appearing for the respondents.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non2/4

consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the 2nd respondent to consider the representation of the petitioner dated 26.03.2025, seeking for cancellation of the settlement deed dated 06.08.2014, registered as Doc. No.5786 of 2014 in the office of the Sub Registrar, Pammal and also to provide maintenance to the petitioner, if not already disposed of and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the 3rd respondent, within a period of three (3) months from the date of receipt of a copy of this order and communicate the same to the petitioner.

6. With the above direction, this Writ Petition stands disposed of. No costs.

04.09.2025 kas A.D.JAGADISH CHANDIRA, J.

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kas To.

1.The District Collector RMFW+GX3 Tiruvannamalai - Kanchipuram Road Thaiyar Kullam Kancheepuram 631 501 2.The Revenue District Officer No.6/114, Pattnoolchathram Sriperumbudur 602 105 04.09.2025 4/4