Madras High CourtWP(MD)/25529/2024disposed of

Sebastian v. The District Collector

2024-10-25Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sebastian ... Petitioner /Vs./ 1.The District Collector, Srirengam Collector Office, Manapparai, Trichy District.

2.The Revenue Divisional Officer, Srirengam Collector Office, Manapparai, Trichy District.

3.I.Fathima Meri ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to cancel the gift deed 5648/2024 settled by the petitioner to daughter by considering his application dated 01.10.2024 within the time fixed by this Court. 1/4

For Petitioner : Mr.I.Santhiyanantham For Respondents : Mr.D.Gandhiraj (R1 & R2) Special Government Pleader

ORDER

This writ petition has been filed seeking for a limited relief. The petitioner seeks for early disposal of his application dated 01.10.2024 submitted with the second respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking for cancellation of the gift deed bearing Reg.No.5648/24, which was earlier executed in favour of the third respondent.

2. Heard Mr.I.Santhiyanantham, learned counsel appearing for the petitioner, and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents 1 and 2. Since no adverse order is going to be passed against the third respondent, notice to her is dispensed with.

3. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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4. Admittedly, the application dated 01.10.2024 filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, is pending on the file of the second respondent. No prejudice will be caused to the respondents, if a direction is issued to the second respondent to pass final orders on the petitioner's application dated 01.10.2024, after affording a fair hearing to the petitioner as well as the third respondent, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this writ petition is disposed of by directing the second respondent to pass final orders on merits and in accordance with law, on the petitioner's application dated 01.10.2024 filed against the third respondent, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking for cancellation of gift deed bearing Reg.No.5648 of 2024, after affording a fair hearing to the petitioner as well as the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 25.10.2024 Index : Yes / No NCC : Yes / No sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:- 1.The District Collector, Srirengam Collector Office, Manapparai, Trichy District.

2.The Revenue Divisional Officer, Srirengam Collector Office, Manapparai, Trichy District.

Order made in Dated:

25.10.2024 4/4