Madras High CourtWP(MD)/11030/2021disposed of

Kandasamy v. The Dist Collector

2021-07-05Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD)No.11030 of 2021 Kandasamy v. The District Collector BEFORE THE MADURAI BENCH OF MADRAS HIGH Court DATED: 05.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.11030 of 2021 (Through Video Conferencing) Kandasamy ... Petitioner Vs.

The District Collector Tirunelveli Tirunelveli District.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the respondent to take steps to number the appeal petition filed by the petitioner against the order of the Cheranmahadevi Sub Collector in his proceedings in Moo.Mu.A3/5188/2020 dated 16.12.2020 and dispose of the same in accordance with law.

For Petitioner :Mr.A.Arumugam For Respondent :Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the respondent to entertain the appeal petition filed by the petitioner against the order passed by the Sub Collector in his proceedings dated 16.12.2020.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

3. The petitioner filed an application before the Sub Collector, Cheranmahadevi under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking for the cancellation of the settlement deed executed in favour of his son. The Sub Collector, through proceedings dated 16.12.2020 granted only certain reliefs and refused to cancel the settlement deed. Aggrieved by the same, the petitioner has filed a statutory appeal before the respondent. Since the same was not taken on file, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11030 of 2021 Kandasamy v. The District Collector case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to entertain the appeal filed by the petitioner, if it is in order and grant opportunity to all the parties concerned and pass final orders in accordance with law within a period of three months from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the respondent along with all the relevant documents and also a copy of this order.

6. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The District Collector Tirunelveli Tirunelveli District.

+1 CC to M/s.SPL GP ( SR-21510[F] dated 07/07/2021 ) W.P.(MD)No.11030 of 2021 05.07.2021 CN(12.07.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2