D.Eswari v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU D.Eswari ... Petitioner -vs1. The Collector, Office of the Collectorate,

2. The Revenue Divisional Officer, Gobichettipalayam.

3. The Deputy Superintendent of Police,

4. The Inspector of Police,

5. Maheswari Sub Inspector of Police,

6. Raghunath, Sub Inspector of Police,

7. Palanisamy ... Respondents 1/6

Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, call for the records of the Second Respondent in his proceeding in Pa. Mu. 2379/2023/A2 and quash the proceeding dated 11.10.2023 passed therein and further cancel the settlement deeds executed by the Petitioner in favour of the Seventh Respondent vide Document No. 150 of 2012 dated 23.01.2012 and Document No. 1687 of 2020 dated 12.07.2020 Registered in the office of Sub-Registrar at Ammapettai as void.

For Petitioner : Mr. B.Raveendran For Respondents : Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2) Mr. S.Rajkumar, Additional Government Pleader (for R3 & R4)

O R D E R

Heard Mr. B.Raveendran, Learned Counsel for the Petitioner, Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First and Second Respondents and Mr. S.Rajkumar, Learned Additional Government Pleader appearing for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2/6

2.

The Writ Petition challenges the Proceedings in Pa. Mu. 2379/2023/A2 dated 11.10.2023 passed by the Second Respondent. 3.

It is brought to notice by Learned Government Advocate appearing for the First and Second Respondents that after the filing of the Writ Petition, the Petitioner has preferred appeal dated 18.12.2023 against the same order before the First Respondent invoking Section 15 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and a copy of Notice No. Na. Ka. 16185/ 2023/3/C4 dated 19.12.2023 sent to the Petitioner and the Seventh Respondents showing that the hearing on the said appeal has been fixed at 11.00 a.m. on 22.12.2023 has been produced.

4.

In such circumstances, the Petitioner, the Seventh 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 two effective hearings every month showing progress of the matter. 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 3/6

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

21.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 19.02.2024.

kv To

1. The Collector, Office of the Collectorate,

2. The Revenue Divisional Officer, Gobichettipalayam.

3. The Deputy Superintendent of Police,

4. The Inspector of Police, Copy to

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

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2. D.Eswari, No. 347, Sevandiyur, Kesarimangalam Village, Bhavani Taluk,

3. Maheswari, Sub Inspector of Police,

4. Raghunath, Sub Inspector of Police,

5. Palanisamy, S/o. Duraisamy, Kuttamuniappan Koil, Bhavani Taluk.

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P.D. AUDIKESAVALU, J.

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