Dr.P.N.Namasivaya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA P.N. Namasivaya ... Petitioner vs.

1. The District Collector, Chennai District, Rajaji Salai, Chennai- 600001.

2. The Revenue Division Officer CumAuthority under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 Chennai Central, Tirumangalam, Annanagar, Chennai-600 040.

3. N Lakshmi @ Pankajalakshmi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, direct the Second Respondent to conduct the enquiry in Na.Ka.Yen.005/2005/A4 in accordance with law as the time prescribed under law.

For petitioner : Mr.K.P. Sathish Kumar For respondents : Mr. Yogesh Kannadasan Spl. Govt. Pleader for RR 1&2 Notice to R3 - Dispensed With 1/4

ORDER

Mr.Yogesh Kannadasan, learned Special Government Pleader, takes notice for respondents 1 and 2. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. The relief sought in this writ petition is a direction to the 2nd respondent to conduct the enquiry in Na.Ka.Yen 005/2005/A4, in accordance with law, within a time frame.

3. It is the case of the petitioner that he is a septuagenarian and had executed a Settlement Deed in favour of the 3rd respondent, who is the petitioner's third daughter. The said Settlement Deed was registered as Document No.1277 of 2020 on the file of the Sub-Registrar, Periamet. It is the case of the petitioner that subsequent to the said registration, he has been forcibly thrown out of his property. In such a painful situation, he lodged a complaint under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of the said Settlement Deed. It is the grievance of the petitioner that despite receipt of summons from the 2nd respondent, no enquiry has been conducted, till date. Under such circumstances, he has been constrained to file this writ petition with the aforesaid prayer.

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4. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2. Since no adverse order is being passed as against the 3rd respondent, notice to the 3rd respondent is dispensed with.

5. Considering the facts and circumstances of the case, this Court directs the 2nd respondent to conduct enquiry in Na.Ka.Yen 005/2005/A4, after affording an opportunity of hearing to the petitioner as well as the 3rd respondent, and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner.

6.

With the above directions, this writ petition stands disposed of. No costs.

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A.D. JAGADISH CHANDIRA, J.

vsi2 To

1. The District Collector, Chennai District, Rajaji Salai, Chennai- 600001.

2. The Revenue Division Officer CumAuthority under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 Chennai Central, Tirumangalam, Annanagar, Chennai-600 040.

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