Maniyammal .P v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.3310 of 2024 P.Maniyammal ... Petitioner -Vs1.The Revenue Divisional Officer, Mussurie, Trichy District.

2.P.Raja 3.Uma Maheshwari ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to dispose of petitioner's petition (filed U/s. 23 of Maintenance and Welfare of Parents and Senior Citizens Act 2007) referred in Roc. No. A6/4183/2022 dated 19.09.2023 on the file of the 1st respondent and to cancel the settlement deed in Doc No.2624/2019 dated 16.12.2019 and Doc No.33/2020 dated 08.01.2020 by the Sub Registrar, Uppliyapuram within the time fixed by this Court.

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For Petitioner : Mr.K.Muthumalai For Respondents : Mr.SRA.Ramachandran Addl. Govt. Pleader (for R1)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to dispose of petitioner's petition filed U/s. 23 of Maintenance and Welfare of Parents and Senior Citizens Act 2007 referred in Roc. No. A6/4183/2022 dated 19.09.2023 on the file of the 1st respondent and to cancel the settlement deed in Doc No.2624/2019 dated 16.12.2019 and Doc No. 33/2020 dated 08.01.2020 by the Sub Registrar, Uppliyapuram within the time fixed by this Court.

2. Mr.SRA.Ramachandran, learned Additional Government Pleader takes notice for the first respondent. Considering the nature of the order proposed to be passed, protecting the interest of the respondents 2 and 3, 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 has given a petition under Section 23 of Maintenance and Welfare 2/5

of Parents and Senior Citizens Act 2007 to the first respondent against the respondents 2 and 3, who are her son and daughter-in-law. Since the said representation has not been considered so far, she filed the present writ petition seeking the above said relief. He would further submit that it would suffice if the petition of the petitioner is disposed of by the first respondent, on merits and in accordance with law within the time stipulated by this Court.

4. The learned Additional Government Pleader appearing for the first respondent would submit that the petitioner's petition will be disposed of in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent is directed to pass appropriate orders on the petitioner's petition referred in Roc. No. A6/4183/2022 dated 19.09.2023 on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 3/5

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

15.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To The Revenue Divisional Officer, Mussurie, Trichy District.

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V.BHAVANI SUBBAROYAN, J.

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