Samsudeen v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 10.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Samsudeen ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.Syed Ahmed Kabir 4.Aneesh Fathima ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the petitioner's representation dated 03.07.2023, by giving sufficient notices and opportunities to the respondents 3 and 4 and conclude the same.

For Petitioner : Mr.A.Ilayaperumal For Respondents 1 & 2 : Mr.D.S.Neduncheliyan Government Advocate 1/4

ORDER

Considering the limited scope of relief sought for, notice to the respondents 3 and 4 is dispensed with.

2.This Writ Petition is filed, seeking to consider the petitioner's representation dated 03.07.2023, for the purpose of cancelling the settlement deed executed by the petitioner in favour of the respondents 3 and 4 bearing document no.1255 of 2021, dated 15.03.2021. 3.Heard the learned counsel for the petitioner, the learned Government Advocate for the respondents 1 and 2 and carefully perused the entire materials available on record.

4.This Court is of the considered view that the petitioner being a senior citizen and the respondents 3 and 4 being the children, the settlement deed having been executed by the petitioner in favour of his children, as early as on 15.03.2021, the petitioner ought to have made an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in this regard. 5.Hence, this Court directs the petitioner to make an application under Section 5 of the Maintenance and Welfare of Parents and Senior 2/4

Citizens Act, 2007 and on receipt of the same, the second respondent is directed to dispose of the same within a period of 90 days from the date of receipt of copy of this order.

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

10.01.2025 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

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L.VICTORIA GOWRI, J.

Mrn 10.01.2025 4/4