Rakkammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Rakkammal ... Petitioner vs.

1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

3.The Superintendent of Police, Sivagangai District.

4.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

5.The Sub-Registrar, Thiruppuvanam Sub-Registrar Office, Thiruppuvanam, Sivagangai District.

6.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 7.Rajasekar 8.Malliga ... Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent to conduct the suitable enquiry and to cancel the Settlement Deed in Document No.1285 of 2021 dated 05.04.2021 on the file of the 5th respondent under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Rules, on the basis of similar order passed by this Court in W.P.No.4728 of 2021 dated 03.03.2021. For Petitioner :Mr.R.Udhayakumar For R1 to R6 :Mr.A.K.Manikkam Special Government Pleader For R7 and R8 :Mr.M.Solaisamy *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the fourth respondent to deal with the representation made by the petitioner on 08.05.2021, wherein, the petitioner has sought for the cancellation of the settlement deed dated 05.04.2021 executed by the seventh respondent in accordance with the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 Act, 2007 and the rules thereunder. 2.Heard Mr.R.Udhayakumar, learned Counsel appearing on behalf of the petitioner, Mr.A.K.Manikkam, learned Special Government 2/5

Pleader appearing on behalf of the respondents 1 to 6 and Mr.M.Solaisamy, learned Counsel appearing on behalf of the respondents 7 and 8.

3.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the fourth respondent to deal with the representation dated 08.05.2021 made by the petitioner in line with the judgment of the Honourable Supreme Court reported in 2022 SCC Online SC 1684 in the case of Sudesh Chhikara vs Ramti Devi and another and take a final decision within a period of six weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of with the above directions. No costs.

Index :Yes / No 15.11.2023 Internet :Yes / No NCC :Yes / No cmr 3/5

To 1.The District Collector, Sivagangai District.

2.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai District.

3.The Superintendent of Police, Sivagangai District.

4.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

5.The Sub-Registrar, Thiruppuvanam Sub-Registrar Office, Thiruppuvanam, Sivagangai District.

6.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 4/5

N.ANAND VENKATESH, J.

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