Dhanalakshmi.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Dhanalakshmi ... Petitioner /Vs./ 1.The District Collector O/O. The District Collector, Dindigul District. Dindigul.

2.The District Revenue Officer, O/O. The District Revenue Officer, Dindigul District, Dindigul.

3.The Revenue Divisional Officer, O/O.The Revenue Divisional Officer, Palani, Dindigul District.

4.M.Latha 5.B.Shanthi ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus or any other order or direction in nature of Writ, directing the Respondents No.1 to 3 take necessary action against the Respondents No.4 and 5 as per provisions contemplated under The Tamil Nadu Maintenance of Welfare of Parents and Senior Citizens Act, 2007 and Rules 2009 and consequently direct the Respondents No.1 to 3 to cancel the gift deed dated 11.06.2015 in Document No.1017/2015 executed by the petitioner in favour of the 4th Respondent and gift deed dated 07.10.2015 in Document No. 1745/2015 and gift deed dated 22.11.2017 in Document No.1629/2017 executed by the petitioner in favour of the 5th respondent registered before Sub-Registrar, Kujiliyamparai by considering the petition dated 04.04.2022 within the time stipulated by this Court.

For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed seeking for a limited relief. The petitioner is a senior citizen and according to her, though documents were executed in favour of her children, namely the fourth and fifth respondents, they have not maintained her. In such circumstances, she has submitted an application with the first and 1/3

second respondents on 04.04.2022 seeking for maintenance of the petitioner and her husband and also for cancellation of the documents executed in favour of the fourth and fifth respondents. Since the said application has not been taken on file, the petitioner has filed this writ petition.

2.Heard Mr.T.Thirumurugan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the official respondents. 3.No prejudice would be caused to the third respondent, if the petitioner's application is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the fourth and fifth respondents within a time frame to be fixed by this Court.

4.For the foregoing reasons, this Court directs the third respondent to take on file the application of the petitioner dated 04.04.2022 seeking for maintenance of the petitioner and her husband and also for cancellation of the Document No.1017/2015 executed by the petitioner in favour of the fourth respondent dated 11.06.2015, Document No.1745/2015 executed by the petitioner in favour of the fifth respondent dated 07.10.2015 and Document No.1629/2017 executed by the petitioner in favour of the fifth respondent dated 22.11.2017 registered before Sub-Registrar, Kujiliyamparai, and pass final orders within a period of four [4] months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector O/O. The District Collector, Dindigul District. Dindigul.

2.The District Revenue Officer, O/O. The District Revenue Officer, Dindigul District, Dindigul.

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3.The Revenue Divisional Officer, O/O.The Revenue Divisional Officer, Palani, Dindigul District.

+1 CC to M/s.T. THIRUMURUGAN, Advocate ( SR-21229[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21237[F] dated 26/04/2022 ) order made in Dated:

25.04.2022 SG(CO) GC(06.05.2022) 3P 6C 3/3