D.Eswari v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 29933 of 2023 D.Eswari ... Petitioner -vs1. The Collector, Office of the Collectorate, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam.

3. The Deputy Superintendent of Police, Bhavani.

4. The Inspector of Police, Bhavani Police Station, Bhavani.

5. Maheswari

6. Raghunath

7. Palanisamy ...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to conduct proper enquiry and pass orders on the representation dated 08.03.2023 given by the Petitioner.

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For Petitioner :

Mr. B.Raveendran For Respondents :

Mr. E.Veda Bhagath Singh, Special Government Pleader (for R1 & R2) Mr. R.Muniapparaj, Additional Public Prosecutor (for R3 & R4) Mr. E.C.Ramesh (for R7)

O R D E R

Heard Mr. B.Raveendran, Learned Counsel for the Petitioner, Mr. E.Veda Bhagath Singh, Learned Special Government Pleader, who takes notice for the First and Second Respondents, Mr. R.Muniapparaj, Learned Additional Public Prosecutor, who takes notice for the Third and Fourth Respondents, and Mr. E.C.Ramesh, Learned Counsel, who takes notice for the Seventh Respondent, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Fifth and Sixth Respondents, notice to them is dispensed with. 2/5

3.

The grievance ventilated by the Petitioner is that she had executed settlement deeds dated 23.01.2012 and 12.07.2020 in favour of the Seventh Respondent, who is her son, under the compulsion of the Fifth and Sixth Respondents and that she had made a representation dated 08.03.2023 to the First Respondent to cancel the said settlement deeds, but as it did not evoke any response, she has filed this Writ Petition.

4.

Learned Special Government Pleader appearing for the First and Second Respondents, on instructions, states that the representation dated 08.03.2023 made by the Petitioner has been considered and Order No. Pa. Mu. 2379/ 2023/Aa2 dated 11.10.2023 has been passed by the Second Respondent directing the Seventh Respondent to allow the reside in the property and in the event of failure to do so, further action could be taken under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Learned Counsel for the Petitioner also acknowledges receipt of its copy in court today. In view of the same, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any grievance to be redressed in the matter, she is not precluded from working out her rights before the proper forum in the manner recognized by law.

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In fine, the Writ Petition is disposed with the aforesaid observations. Consequently, the connected Miscellaneous Petition is closed. No costs. 20.10.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 03.11.2023.

pal To

1. The Collector, Office of the Collectorate, Erode District.

2. The Revenue Divisional Officer, Gobichettipalayam.

3. The Deputy Superintendent of Police, Bhavani.

4. The Inspector of Police, Bhavani Police Station, Bhavani.

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P.D. AUDIKESAVALU, J.

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