N.Lakshmi Ammal v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU N.Lakshmi Ammal ... Petitioner -vs1. The Revenue Divisional Officer Revenue Divisional Office (South) Anna Salai Guindy Chennai - 600 032.

2. N.Gopalakrishnan ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent herein seeking action against N.Gopalakrishnan (Second Respondent) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to affirm the revocation deed Document No. 94 of 2009 before the Sub-Registrar, Triplicane and to make necessary arrangements for Petitioner to live peacefully in the above mentioned portion and consider the Petitioner representation at 03.03.2021.

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For Petitioner :

Mr. M.Govindaraju For Respondents :

Mr. E.Veda Bagath Singh, Special Government Pleader (for R1)

O R D E R

Heard Mr. M.Govindaraju, Learned Counsel for the Petitioner and Mr. E.Veda Bagath Singh, Learned Special Government Pleader, who takes notice for the First 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 Second Respondent, notice to her is dispensed with.

3.

This Writ Petition has been filed for directing the First Respondent herein seeking action against the Second Respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to affirm the revocation deed Document No. 94 of 2009 before the Sub-Registrar, Triplicane and to make necessary arrangements for Petitioner to live peacefully in the above mentioned portion by considering the representation dated 03.03.2021 made by 2/5

her.

4.

Learned Special Government Pleader appearing for the First Respondent submits that enquiry in the aforesaid representation made by the Petitioner has been fixed on 14.11.2023 and a memo dated 02.11.2023 has been filed to that effect.

5.

In such circumstances, the Petitioner, the Second Respondent and all 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 and there shall be atleast one effective hearing every month showing progress of the case. It shall be incumbent upon the First Respondent to afford full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court. 3/5

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

02.11.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 08.01.2024.

Maya To The Revenue Divisional Officer Revenue Divisional Office (South) Anna Salai Guindy Chennai - 600 032.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. N.Lakshmi Ammal, W/o. Late. Nachimuthu Chettiyar, 65/32, Bangaru Nayakkan Street, Anna Salai, Chennai - 600 002.

3. N.Gopalakrishnan, S/o. A.Nachimuthu Chettiar, Old No. 32, New No. 65, Bangaru Nayakkan Street, Anna Salai, Chennai - 600 002.

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P.D. AUDIKESAVALU, J.

Maya 02.11.2023 5/5