Madras High CourtWP(MD)/4614/2020disposed of

Pitchai v. The District Collector

2020-03-04Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.4614 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.4614 of 2020 and W.M.P(MD)No.3968 of 2020 Pitchai ... Petitioner Vs.

1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, Srirangam, Tiruchirappalli District, Tiruchirappalli.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records pertaining to the impugned order of the second respondent made in Na.Ka.A1-0813-2019 dated 21.02.2020 and quash the same.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.Mari Chelliah Prabhu Additional Government Pleader

O R D E R

This writ petition has been filed in the nature of Certiorari, to call for the records pertaining to the impugned order of the second respondent made in Na.Ka.A1-0813-2019 dated 21.02.2020 and quash the same.

2.Mr.Mari Chelliah Prabhu, learned Additional Government Pleader, takes notice on behalf of the respondents. 3.The Petitioner Pitchai, is aged about 79 years. He is a Senior Citizen. He had given an application for maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Earlier, he had filed a writ petition in W.P.(MD) https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.4614 of 2020 No.26759 of 2019. That was disposed of on 13.12.2019. A direction was given to consider the representation dated 17.10.2019. Now summons have been issued by the second respondent Revenue Divisional Officer, Srirangam, Tiruchirappalli District, Tiruchirappalli calling upon the petitioner and his son for an enquiry.

4.The grievance of the petitioner is that he had given a complaint about his second daughter namely, K.Jayabharathi and her husband Krishnakumar. The petitioner states that the second respondent must also enquired with them and not with his son alone. Therefore, during the enquiry, the second respondent may also issue notice to the second daughter of the petitioner Mrs.K.Jayabharathi and also called upon her to give explanation and reply to the petition given by the petitioner seeking maintenance. The second respondent may consider all the averments made in the representation of the petitioner, particularly that the second daughter K.Jayabharathi and her husband Krishnakumar have defrauded the petitioner, at the time of settling the house property, vide settlement deed, dated 15.02.2019. 5.With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) rm To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Revenue Divisional Officer, Srirangam, Tiruchirappalli District, Tiruchirappalli.

+1 CC to M/s.SPL.GP ( SR-10179[F] dated 05/03/2020 ) +1 CC to M/s.M.JEGADEESHPANDIAN, Advocate ( SR-10287[F] W.P(MD)No.4614 of 2020 04.03.2020 NS(CO) TR(11.03.2020)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2