Pitchai v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA Pitchai ... Petitioner Vs.

1.The District Collector, 2.The Revenue Divisional Officer, Srirangam, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent herein to pass necessary order on the petition's application dated 05.07.2019 by considering the petitioner's representation 17.10.2019 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mrs.J.Padmavathi Devi, Special Government Pleader

ORDER

Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents.

2. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. This Writ petition has been filed by the petitioner praying for issuance of a Writ of Mandamus, directing the second respondent to pass necessary order on the petitioner's application dated 05.07.2019, by considering his representation 17.10.2019. 4.According to the petitioner, he is having two daughters and one son and both the daughters were married and there was misunderstanding between the petitioner's son and his elder 1/3

daughter viz., K.Jayabharathi, regarding sharing of money. During the month of January 2019, the petitioner's son-in-law has intended to purchase a house property in his name and hence, he purchased 1200 sq.ft., property situated at Uthamacholapuram Village, Salem Taluk, and the same was registered in the name of the petitioner, subsequently, it was made over to his son-in-law and her daughter by way of settlement deed, dated 15.02.2019. Later, the petitioner came to know that his elder daughter and her husband had fraudulently inducted his house property situated at Block No.42, Srirengam, along with the aforesaid property by way of settlement deed. Hence, the petitioner gave a complaint on 08.07.2019. After obtaining the above said properties, the petitioner's elder daughter refused to maintain him.

Hence, he made an application under the Maintenance and Welfare or Parents and Senior Citizens Act, 2007 before the respondents. Though the petitioner's application has been received by the competent authority, no action has been taken so far. Hence, the petitioner has sent a representation dated 05.07.2019 to the second respondent. Since no action has been taken, the petitioner is before this Court.

5.The learned Special Government Pleader states that the respondents will consider the claim of the petitioner in accordance with law and dispose of the same within the time stipulated by this Court.

6. In such view of the matter, without going into the merits of the petitioner's claim, the second respondent is directed to consider the representation of the petitioner dated 05.07.2019 and pass orders on merits and in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1.The District Collector, 2/3

2.The Revenue Divisional Officer, Srirangam, +1 CC to SPL GP ( SR-105105[F] dated 16/12/2019 ) +1 CC to MR.M.JEGADEESHPANDIAN, Advocate ( SR-105416[F] dated 17/12/2019 ) 13.12.2019 KM/(09.01.2020) 3P 5C 3/3