P.K.Balasubramanian v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH P.K.Balasubramanian ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar.
2.G.Karthikumar 3.K.Renukadevi 4.V.G.Ganesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to see that the right of the petitioner as a Senior Citizen is protected as provided under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act and the Rules thereunder by taking steps to cancel the Document No.12219/2011 dated 09.11.20211, Document Nos.6556 and 6557/2020 dated 29.10.2010 and Document No.8854/2022 dated 25.05.2022 and to take action against respondents 2 to 4 who are not willing to cancel the documents in spite of the petitioner's notices dated 20.11.2024 and 15.03.2025.
For Petitioner : Ms.Vijayakumari Natarajan For R1 : Mr.K.S.Selva Ganesan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to cancel Document No.12219/2011 dated 09.11.20211, Document Nos.6556 and 6557/2020 dated 29.10.2010 and Document No.8854/2022 dated 25.05.2022 and to take action against respondents 2 to 4 who are not willing to cancel the documents in spite of the petitioner's notices dated 20.11.2024 and 15.03.2025.
2. By consent, this Writ Petition is taken up for final disposal, at the admission stage itself.
3. Since no adverse orders are going to be passed against the respondents 2 to 4, notice to the respondents 2 to 4 is hereby dispensed with.
4. Seeking to cancel the settlement deeds obtained fraudulently by the second respondent, who is the petitioner's grandson, as well as the sale deed
executed by the second respondent in favour of the third respondent, the petitioner has sent legal notices in September 2024 and on 20.11.2024. Thereafter, the petitioner submitted a representation to the first respondent on 15.03.2025. However, no action has been taken so far. Hence, the present writ petition.
5. The learned Additional Government Pleader appearing for the first respondent submits that the competent authority is the Revenue Divisional Officer, Virudhunagar District. If the petitioner submits a fresh representation, detailing all his grievances, to the Revenue Divisional Officer, Virudhunagar District, the same shall be considered in accordance with law within a time frame to be fixed by this Court.
6. Recording the above submissions, this Writ Petition is disposed of, with a direction to the petitioner to submit a fresh representation outlining all his grievances to the Revenue Divisional Officer, Virudhunagar District, within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the Revenue Divisional Officer, Virudhunagar District, shall consider it on merits and pass appropriate orders in accordance with law,
after providing due opportunity to the petitioner as well as the respondents 2 to 4, within four weeks thereafter. There shall be no order as to costs. NCC : Yes / No 07.04.2025 Index : Yes / No smn2 Copy to:- The Revenue Divisional Officer, Virudhunagar District.
To:- The District Collector, Virudhunagar District, Virudhunagar.
VIVEK KUMAR SINGH , J.
smn2 07.04.2025