Ganapathy Thaai v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Ganapathy Thaai ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Senthamaram Police Station, Tenkasi District.

4.Rajeswari ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal dated 12.02.2024 filed against the order Mu.Mu.RDOSKL/3440/2023-A2, dated 08.08.2023 passed by the 2nd respondent.

For Petitioner : Mr.R.Murugappan For R1 & R2 : Mr.D.Sadiq Raja, Additional Government Pleader.

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For R3 : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side)

ORDER

By consent of both sides, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 4th respondent is dispensed with.

2.It is the case of the petitioner that she executed a settlement deed in favour of her daughter / 4th respondent in respect of the house situated at Naduvakkurichi Major Village, Sankarankovil Taluk, Tenkasi District. Since the 4th respondent deserted the petitioner, the petitioner made a petition under the provision of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the 2nd respondent seeking cancellation of the said settlement deed. However, the 2nd respondent, vide order dated 08.08.2023, rejected the petitioner's request. Challenging the same, the petitioner has filed an appeal before the 1st respondent on 12.02.2024. Since the same is pending without any progress, the petitioner has filed this Writ Petition. 2/4

3.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the appeal filed by the petitioner would be disposed of within a period that may be stipulated by this Court. 4.Considering the facts and circumstances of the case, without going into the merits of the case, I direct the 1st respondent to dispose of the appeal filed by the petitioner dated 12.02.2024 on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

24.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Tenkasi District, Tenkasi.

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N.SATHISH KUMAR, J Yuva 2.The Revenue Divisional Officer, Revenue Divisional Office, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Senthamaram Police Station, Tenkasi District.

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