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Madras High CourtWP(MD)/2393/2024disposed of

Chinnaiah v. The District Collector

2024-02-06Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.2393 of 2024 Chinnaiah ... Petitioner -Vs1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer/ Presiding Officer of the Tribunal for Maintenance and Welfare of Parents and Senior Citizens Act 2007, Sriengam Revenue Divisional Office, Trichy-Dindigul Main Road, Vannankovil, Trichy District.

3.Kumar 4.Mayandi ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the second respondent to dispose of the petitioner's application dated 18.12.2023 within the time frame fixed by this Court.

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For Petitioner : Mr.T.Vadivelan For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader (for R1 and R2)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the second respondent to dispose of the petitioner's application dated 18.12.2023 within the time frame fixed by this Court.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the respondents 1 and 2. Considering the nature of the order proposed to be passed, protecting the interest of the respondents 3 and 4, notice to them is dispensed with. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is 67 years old and he has two daughters. His brother, who is the fourth respondent, blessed with two sons and three daughters. The petitioner and his brother partitioned their properties and having separate possession and enjoyment. The respondents 3 and 4 using the petitioner's 2/5

old age and helpless situation, severally harassed him and his wife stating that they have no male legal heir and asked to relinquish deed in respect of the petitioner's partitioned properties. Hence, the petitioner has given a representation dated 18.12.2023 to the respondents 1 and 2. Since the said representation is pending, the petitioner has come before this Court. He would further submit that it would suffice if the representation of the petitioner is disposed of by the official respondents, on merits and in accordance with law within the time stipulated by this Court.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 would submit that the representation of the petitioner will be considered in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioners in this Writ Petition, the official respondents are directed to pass appropriate orders on the representation of the petitioner, dated 18.12.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twenty (20) weeks from the date of receipt of a copy of this order.

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6. With the above direction, this Writ Petition stands disposed of. No costs.

06.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer/ Presiding Officer of the Tribunal for Maintenance and Welfare of Parents and Senior Citizens Act 2007, Sriengam Revenue Divisional Office, Trichy-Dindigul Main Road, Vannankovil, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

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