S.Ganesan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.11691, 11693 & 14619 of 2020 S.Ganesan ... Petitioner Vs.

1.The District Collector, Dindigul District, Velunachiyar Campus, Collectorate, 2.The District Social Welfare Officer, Acted as Appellate Tribunal / 3.The Sub Divisional Magistrate, Revenue Divisional Officer, As the Chairman / Presiding Officer, 1/6

4.S.Subbammal 5.Samiyappan 6.The Tahsildar, Athoor Taluk, Dindugul West Taluk, 7.The Revenue Inspector, Seevalsaragu Village, Dindugul West Taluk, 8.The Inspector of Police, Sempatti Police Station, (R.6 to R.8 were impleaded vide order of this Court dated 17.12.2020 made in W.M.P(MD)No.14613 of 2020) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the entire records relating to the impugned proceedings of the second respondent dated 10.03.2020 passed in No.Na.Ka.A.1390/2018/Pa.A, confirming the proceedings of the third respondent dated 05.03.2019 passed in Mu.Mu.No. 9821/2018/A1, and quash the same.

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For Petitioner : Mr.A.Saravanan For Respondents : Mr.T.Villavankothai Additional Government Pleader for R.1 to R.3 & R.6 to R.8

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the official respondents. The parents of the writ petitioner who have been shown as the respondents 4 and 5 have not been served so for. 2.The parents of the petitioner obtained an eviction order from the Maintenance Tribunal. The same is put to challenge in this writ petition. The learned counsel for the petitioner states that the parents have sold the property to the third party.

3.If the petitioner's parents are still the title holders of the property, the impugned order can be enforced against the petitioner by the Maintenance Tribunal. If the property has been sold, it is not open to the subsequent purchaser to enforce the impugned order. This is because the 3/6

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is meant for the protection of the rights of the parents / senior citizens alone and not that of the subsequent purchaser.

4.With this clarification and observation, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 03.01.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Collector, Dindigul District, Velunachiyar Campus, Collectorate, 2.The District Social Welfare Officer, Acted as Appellate Tribunal / 4/6

3.The Sub Divisional Magistrate, Revenue Divisional Officer, As the Chairman / Presiding Officer, 4.The Tahsildar, Athoor Taluk, Dindugul West Taluk, 5.The Revenue Inspector, Seevalsaragu Village, Dindugul West Taluk, 6.The Inspector of Police, Sempatti Police Station, 5/6

G.R.SWAMINATHAN, J.

MGA and W.M.P(MD)Nos.11691, 11693 & 14619 of 2020 03.01.2024 6/6