Poornammal S. v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Poornammal .. Petitioner Vs.

1.The District Collector, District Collector Office, Madurai, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai, Madurai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent No.2 to dispose of petitioner's application dated 04.10.2021 and the subsequent representation, dated 01.02.2022 which was submitted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within stipulated time that may be fixed by this Court. For Petitioner :

Mr.R.Karunanidhi For Respondents :

Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to dispose of the petitioner's application dated 04.10.2021 and subsequent representation dated 01.02.2022, submitted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within a time frame to be fixed by this Court.

2.Heard Mr.R.Karunanithi, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

3.The petitioner is aged about 72 years and is a Senior Citizen. She has submitted an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of settlement deeds executed by her in favour of her 1/3

children. According to the petitioner, her children despite the said settlement deeds, have not maintained her and in such circumstances, she has filed the application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking for cancellation of the settlement deeds. Since the application dated 04.10.2021 and her subsequent representation dated 01.02.2022 has not been considered till date by the second respondent, she has filed this writ petition.

4.No prejudice will be caused to the respondents if the petitioner's application dated 04.10.2021 filed before the second respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is disposed of expeditiously on merits and in accordance with law. The petitioner is also aged about 72 years and therefore, the application will have to be disposed of expeditiously.

5.Therefore, this Court directs the second respondent to dispose of the petitioner's application dated 04.10.2021 and the subsequent representation dated 01.02.2022 submitted by her under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against her children seeking for cancellation of settlement deeds executed by her earlier and pass final orders on merits and in accordance with law after hearing the petitioner and her children and after affording fair opportunity to both parties, within a period of three months from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, District Collector Office, Madurai, Madurai District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai, Madurai District.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-5474[F] dated 10/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5741[F] dated 11/02/2022 ) 10.02.2022 SE(CO) GC(21.02.2022) 3P 5C 3/3