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Madras High CourtWP(MD)/9673/2023disposed of

P Rasu @ Gurunathan v. The District Collector

2023-06-16Honourable Mr Justice C.V. Karthikeyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN P.Rasu @ Gurunathan ... Petitioner Vs.

1.The District Collector Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

3.Chellammal 4.Karuppanan .. Respondents 1/6

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st and 2nd respondents to take necessary action as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the 3rd and 4th respondents for creating the forged Thana settlement deed in Document No.3516/2008 and 3517/2008 dated 25.07.2008 without taken care of the petitioner and to consider the petitioner's livelihood on the basis of the petitioner's representation dated 28.11.2022 pending before the 1st and 2nd respondents.

For Petitioner : Mr.J.Balameenakshi For Respondents : Mr.J.Ashok - for R1 & R2 Additional Government Pleader Mr.S.Ayyanar Premkumar - for R3 Mr.S.Vignesh - for R4

O R D E R

The Writ Petition has been filed in the nature of a Mandamus seeking a direction to the second respondent, to dispose of a 2/6

representation given by the petitioner, a senior citizen, dated 28.11.2022, who in the said representation alleged that the third respondent and the fourth respondent, his daughter-in-law and son had created a forged Gift Settlement Deed in document Nos.3516 of 2008 and 3517 of 2008 both dated 25.07.2008.

2. Since the issue is now under purview of the second respondent, let me not enter into a detailed discussion on facts.

3. A direction is issued to the second respondent to examine the said representation dated 28.11.2022, issue notice to the petitioner and also to the respondents 3 and 4 and provide necessary relief to the petitioner herein, in manner known to law and in accordance with law. The entire exercise must be completed on or before 31.10.2023. The respondents 3 and 4 are directed to attend the enquiry and if there is continuous absence for more than three hearings by either one of them, the second respondent is at liberty to proceed further with the enquiry. 3/6

4. With the above directions, the Writ Petition stands allowed. No costs.

16.06.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No RM 4/6

To 1.The District Collector Theni District, Theni.

2.The Revenue Divisional Officer, Periyakulam, Theni District.

5/6

C.V.KARTHIKEYAN, J.

RM 16.06.2023 6/6