Madras High CourtWP/33446/2025disposed of

Krishnammal v. The Collector

2025-09-03Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA AND WMP NO. 37578 OF 2025

1. KRISHNAMMAL W/o Kajaa (late) Ambedhkar Streeet, Thakolam Village Arakkonam Taluk, Ranipet District 631 001 Petitioner(s) Vs

1. The Collector Collectorate Of Arakkonam Arakkonam District 631 001 2.The Revenue Divisional Officer Revenue Divisional Office, Arakkonam District 631 005 3.TAMILSELVI W/o Manoharan No 23, Police Commissioner Office Road No 3a Sri Chakra Apartments Egore Chennai 600 1/6

4.RAJASEKAR S/o Kajja (late) No 12/49 Ambedkhkar Street, Thakolam Village, Ranipet District 631 151 5.SANKAR S/o Kajaa (late), No 4 Mettu Colony Gandhi Nagar Thakolam Village, Ranipet Distrct 631 151 Respondent(s) Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus calling for the records of the 2 nd respondent impugned order No.MMC.2/0757/2025 daetd 31.05.2025 and to quash the same and consequently direct the 1 st and 2 nd respondent to consider the petitioner's representation dated 26.07.2025 as appeal and disposse the same within the stipulated time to be fixed by this Court. For Petitioner(s):

C.Kanagaraju S. Saranya S. Monish Kumar S. Saravanan For Respondent:

Mr.R.Murthi, GA

ORDER

Mr.R.Murthi, learned Government Advocate accepts notice on behalf of the respondents 1 and 2. With the consent of both the learned counsels, the writ petition itself is taken up for final disposal at the admission stage. 2/6

2.The writ petition is filed for a certiorarified mandamus to quash the impugned order of the 2 nd respondent and consequently to direct the respondents 1 and 2 to consider and dispose of the petitioner's representation dated 26.07.2025 as appeal, within the stipulated time to be fixed by this Court. 3.Since no adverse orders are passed against the respondents 3 to 5, notice to the respondents 3 to 5 is dispensed with. 4.The case of the petitioner in short is that, she has filed an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the District Revenue Officer, Arakonam. However, the petition was dismissed by order dated 31.05.2025 and challenging the same, the petitioner has sent a representation to the 1 st respondent/District Collector on 26.07.2025.

Since the same has not been considered till date, the petitioner has approached this Court by filing the above writ petition for the aforesaid relief. 5.The learned Government Advocate would submit that the petitioner, on the one hand, has filed an appeal before the 1 st respondent/District Collector and on the other hand, she has sought for quashing the order passed by the District Revenue Officer, Arakkonam and hence, the writ petition cannot be maintained.

However, the learned Government Advocate submitted that the 1 st respondent will take every endeavour to dispose of the appeal at the earliest, in accordance with Section 16 of the aforesaid Act.

6.Admittedly, the petitioner has filed an Appeal against the order passed by the Divisional Revenue Officer dated 31.05.2025 in MMC.No.2/0757/2025 and the petitioner has also preferred an appeal within a period of 60 days before the District Collector on 26.07.2025. In such circumstances, a duty is cast on the Appellate Authority to issue notice to the private respondent ant take every endeavour to dispose of the Appeal at the earliest. 7.In view of the above, writ petition is disposed of directing the 1 st respondent/District Collector to consider and dispose of the Appeal dated 26.05.2025, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not made any observations on the merits of the case. No costs. Consequently, connected miscellaneous petition is closed. 03-09-2025 4/6

AP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Collector Collectorate Of Arakkonam Arakkonam District 631 001 2.The Revenue Divisional Officer Revenue Divisional Office, Arakkonam District 631 005 3.TAMILSELVI W/o Manoharan No 23, Police Commissioner Office Road No 3a Sri Chakra Apartments Egore Chennai 600 4.RAJASEKAR S/o Kajja (late) No 12/49 Ambedkhkar Street, Thakolam Village, Ranipet District 631 151 5.SANKAR S/o Kajaa (late), No 4 Mettu Colony Gandhi Nagar Thakolam Village, Ranipet Distrct 631 151 5/6

A.D.JAGADISH CHANDIRA J.

AP AND WMP NO. 37578 OF 2025 03-09-2025 6/6