M.Karunanithi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.09.2025 Coram:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA --- M.Karunanithi .. Petitioner Vs.
1. The District Collector, District Collectorate, Chengalpattu District.
2. The Sub-Collector, District Collectorate, Chengalpattu District.
3. Revenue Divisional Officer, Taluk Office, Chengalpattu District.
4. The Superintendent of Police, Chengalpattu District.
5. The Inspector of Police, E.1, Mamallapuram Police Station, Mahabalipuram, Chengalpattu District.
6. K.Rajeshkannan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the third and fourth respondents to 1 / 6
implement the orders of the first respondent bearing Reference No.Na.Ka.No.13534/2024/M1, dated 11.03.2025 in respect of the arrears of maintenance to be paid by the sixth respondent to the petitioner. For petitioner : Mr.K.K.Kannan For respondents: Mr.R.Murthi, Govt. Advocate for RR-1 to 3
ORDER
The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the third and fourth respondents to implement the orders of the first respondent bearing Reference No.Na.Ka.No.13534/2024/M1, dated 11.03.2025 in respect of the arrears of maintenance to be paid by the sixth respondent to the petitioner.
2. The petitioner purchased a property situated at No.51, Perumalery Village, Chengalpattu District in Survey No.197 (New Survey No.197/1), measuring about 1,740 Sq.Ft. under a registered sale deed bearing Doc.No.730/2003, dated 24.03.2003, registered with Sub-Registrar Thirukazhukundram, out of the petitioner's own earnings and savings. At the request of the sixth respondent, the petitioner executed a settlement deed in favour of the sixth respondent, via Document No.3016/2019, Sub-Registrar Office at Thirukazhukundram and thereafter, the sixth respondent tried to throw 2 / 6
the petitioner from the property and immediately, the petitioner has given a complaint before the District Collector of Kanchipuram, and no action has been taken by the District Collector, Kanchipuram.
3. Further, on 18.05.2023, the petitioner gave a representation to the first respondent seeking cancellation of the settlement deed Document No.3016/2019. The second respondent conducted an enquiry and on 04.10.2023, the second respondent had passed an order in Na.Ka.No.AA.1/1785/2023, directing the sixth respondent to permit the petitioner to reside in the property and to pay a monthly maintenance of Rs.10,000/- to the petitioner on or before the 10th of every English calendar month. Thereafter, the sixth respondent filed an appeal against the order of the second respondent, before the first respondent. The first respondent dismissed the sixth respondent's appeal (Na.Ka.No.15864/2023/M.1) on 16.03.2024. The sixth respondent failed to comply with the directions.
4. Consequently, on 06.05.2024, the petitioner sent another representation to the first respondent, regarding the non-compliance of the order by the sixth respondent. On 09.05.2024, the sixth respondent sent a letter stating that he had deposited Rs.10,000/- to the petitioner's account and sought time to deposit the arrear amounts. Subsequently, the sixth respondent neither paid the monthly maintenance, nor handed over the key. The petitioner again 3 / 6
made a representation to the first respondent on 07.11.2024, requesting appropriate action against the sixth respondent. Based on the petitioner's representation, the first respondent forwarded the petitioner's complaint to the respondents 3 and 4, by Na.Ka.No.13534/2024/M1, dated 11.03.2025, however, no action was however taken against the sixth respondent. Consequently, on 24.04.2025, the petitioner submitted another representation directly to the respondents 3 and 4 and thereafter, to the fourth respondent who had forwarded the petitioner's complaint to the fifth respondent and the Police officials had conducted enquiry. Only thereafter, the sixth respondent handed over the property key to the petitioner. However, the sixth respondent had not paid the monthly maintenance as directed in the order of the second respondent. Since the respondents 3 and 4 had not taken any action against the sixth respondent, the petitioner has no other effective alternative remedy but to file the present Writ Petition for the relief stated supra.
5. Heard both sides and perused the materials available on record.
6. Taking into consideration the facts and circumstances of this case, the respondents 3 and 4 are directed to verify with the sixth respondent with regard to arrears of maintenance, if any and in the event of there being any arrears, implement the order of the first respondent dated 11.03.2025 in respect of arrears of maintenance to be paid by the sixth respondent to the petitioner, 4 / 6
within a period of six weeks from the date of receipt of a copy of this order.
7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
01.09.2025 cs To
1. The District Collector, District Collectorate, Chengalpattu District.
2. The Sub-Collector, District Collectorate, Chengalpattu District.
3. Revenue Divisional Officer, Taluk Office, Chengalpattu District.
4. The Superintendent of Police, Chengalpattu District.
5. The Inspector of Police, E.1, Mamallapuram Police Station, Mahabalipuram, Chengalpattu District.
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A.D.JAGADISH CHANDIRA, J cs 01.09.2025 6 / 6