Kusalavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.18844 of 2024 Kusalavan ... Petitioner Vs.

1. The District Collector, Collectorate, Thanjavur.

2. The Revenue Divisional Officer, Thanjavur Sub Division, Thanjavur District.

3.The Sub Registrar, Orathanadu, Thanjavur District.

4.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

5.Elangovan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 & 2 to dispose of the application of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizen Act, 2007, within a time frame that may be stipulated by 1/5

this Court.

For Petitioner : Mr.P.Suresh For R1 to R3 : Mr.A.Kannan Additional Government Pleader For R4 : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)

O R D E R

With consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The case of the petitioner is that he has given a representation on 15.06.2024 to the respondents to pass an order for granting maintenance and also for several reliefs. Since the said representation has not been considered so far, he has filed this writ petition.

4. On perusal of the representation, it is seen that the petitioner infact seeks to establish his civil rights on the basis of the documents executed by him to his sons. Such rights cannot be decided by Revenue 2/5

Divisional Officer and he can consider only in respect of maintenance. Even the Revenue Divisional Officer has no powers to cancel the documents.

5. Considering the facts and circumstances, this Court is of the view that in respect of payment of maintenance alone, the representation of the petitioner can be considered. Hence the respondents 1 & 2 are directed to consider the representation of the petitioner dated 15.06.2024 and pass orders within a period of two months from the date of receipt of a copy of this order after giving notice to other parties.

6. With the above direction, this writ petition is disposed of. No Costs.

06.08.2024 NCC : Yes / No Index : Yes / No PJL To

1. The District Collector, Collectorate, Thanjavur.

3/5

2. The Revenue Divisional Officer, Thanjavur Sub Division, Thanjavur District.

3.The Sub Registrar, Orathanadu, Thanjavur District.

4.The Inspector of Police, Orathanadu Police Station, Thanjavur District.

4/5

N.SATHISH KUMAR , J.

PJL W.P.(MD)No.18844 of 2024 06.08.2024 5/5