Sudhakar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.11748 & 11749 of 2025 Sudhakar ... Petitioner Vs

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Kovilpatti Revenue Division, Thoothukudi District.

3. Pattammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari to call for the records pertaining to the impugned proceedings in Na.Ka. C1/a-2935203/2024, dated 13.02.2025 passed by the first respondent confirmed by the impugned proceedings in Moo.Moo.M.R/9898/2024, dated 23.11.2024 passed by the second respondent 1/5

and quash the same as illegal.

For petitioner : Mr. M.Prabu For respondents : Mr.D.Ghandhiraj Special Government Pleader for R1 & R2 *****

ORDER

This Writ Petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner and learned Special Government Pleader for the respondents 1 and 2 and after dispensing with the notice to the third respondent as no adverse orders are proposed to be passed against the third respondent.

2. The petitioner is before the Court against the Impugned order, dated 23.11.2024 passed by the second respondent, which stands confirmed by the first respondent by an order, dated 13.02.2025.

3. By the aforesaid orders, there is directions to the petitioner to 2/5

accommodate the third respondent, till her death in the house.

4. The records reveals that the petitioner's mother/third respondent is a recipient of family pension and is receiving a sum of Rs.18,000/- per month,

5. It is also recorded that the petitioner is a donee under the settlement deed, dated 02.09.2010, whereby a house property was settled by the third respondent/mother of the petitioner in favour of the petitioner. Therefore, the petitioner, as a son and as a beneficiary of the abovesaid settlement deed, cannot shirk his liability under the provisions of Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 to the third respondent.

6. The arguments of the petitioner that the petitioner's brother is fighting a proxy war by using the third respondent/petitioner's mother as a pawn, cannot be countenances and since the petitioner cannot shirk from his liability to his aged mother under the provisions of the said Act. Hence, there is no merits in the present Writ Petition.

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7. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitioners are closed. Index : Yes / No 10.06.2025 Internet : Yes / No apd To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The Revenue Divisional Officer, Kovilpatti Revenue Division, Thoothukudi District.

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C.SARAVANAN, J.

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