Narayana Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Narayana Thevar ... Petitioner -vs1.The District Collector Pudukkottai District Pudukkottai 2.The District Registrar District Registrar Office Pudukkottai Pudukkottai District 3.The Revenue Divisional Officer Aranthangi Pudukkottai District 4.The Sub Registrar Sub Registrar Office Subramaniapuram Pudukkottai District 5.Elavarasan ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondents 1 to 4 to cancel the settlement deed in document No.765 of2021 in respect of property in Survey No.5/6A, with an extent of 27 Cents including 10 Coconut Trees-I, Survey No.9/1B with an extent of 28 Cents out of 2 Acre 16 Cents including 20 Coconut Trees-II only and provide protection to the petitioners life with Rule 23 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2007 by considering representation dated 21.03.2024. For Petitioner :

Mr.C.Padma Raj For Respondents :

Mr.A.Kannan Additional Government Pleader for R1 to R3 Mr.C.Satheesh Government Advocate for R4

O R D E R

This writ petition has been filed for a mandamus seeking for a direction to the respondents to cancel the settlement deed, based on the petitioner's application dated 21.03.2024, filed under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2007.

2. Mr.A.Kannan, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 3 and Mr.C.Satheesh, learned Government Advocate, accepts notice on behalf of the fourth respondent.

3. Learned Additional Government Pleader appearing for the respondents 1 to 3 would submit, on instructions, that enquiry has already been held in respect of the application filed by the petitioner against the fifth respondent under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2007 and within a period of two weeks from the date of receipt of a copy of this order, final orders will be passed by the third respondent.

4. Learned counsel for the petitioner is also satisfied with the submissions made by the learned Additional Government Pleader appearing for the respondents 1 to 3.

5. After recording the submissions made by the both sides' counsels, this writ petition is disposed of by directing the third respondent to

pass final orders, on merits and in accordance with law, on the petitioner's application dated 21.03.2024 filed under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2007, against the fifth respondent, within a period of two weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the fifth respondent.

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

25.10.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Registrar, District Registrar Office, Pudukkottai, Pudukkottai District.

3.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

4.The Sub Registrar, Sub Registrar Office, Subramaniapuram, Pudukkottai District.

ABDUL QUDDHOSE, J.

krk 25.10.2024