N.Maheswari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.24132 of 2025 N.Maheswari ..Petitioner Vs

1. The District Collector Madurai District, Madurai.

2. The Revenue Divisional Officer Melur, Madurai District.

3. N.Vinoth Kumar, ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd respondent to dispose of the application of the petitioner dated 21.07.2025 made under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 pending on the file of the 2nd respondent, within a time frame fixed by this Court.

For Petitioner : Mr.S.Karthick Ramkumar For Respondents : Mr.D.Sasikumar Spl. Govt. Pleader (for R1 & R2) 1/5

ORDER

This writ petition has been filed seeking a direction to the second respondent to dispose of the application of the petitioner dated 21.07.2025 made under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 pending on the file of the 2nd respondent, within a time frame fixed by this Court.

2. Mr.D.Sasikumar, learned Special Government Pleader, takes notice for the respondents 1 and 2. Since no adverse order is going to be passed as against the third respondent, notice to him is dispensed with. By consent of parties, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner, who is the mother of the third respondent, married one Nagaraj in the year 1983. Out of the said wedlock, two daughters and one son were born. The petitioner's husband died on 02.03.2009, leaving behind certain landed property. The third respondent, being the son of the petitioner, assured her that he would effect a partition of the said property among the family members. On that assurance, he took the petitioner to the office of the Sub-Registrar and obtained her signature in a deed, under which the 2/5

third respondent settled the property in his own favour. Subsequently, the petitioner was subjected to physical and mental cruelty at the hands of the third respondent and his wife. Owing to such ill-treatment, the petitioner left the house of the third respondent and took shelter at the residence of her elder daughter. In the year 2020, the petitioner met with an accident, pursuant to which a sum of Rs.6,21,000/- was credited to her bank account as compensation. However, without her consent, the third respondent transferred the said amount to his wife's bank account. Since the petitioner continued to suffer physical and mental cruelty, she submitted a petition dated 21.07.2025 before the first respondent under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking recovery of 18 cents of land by cancelling the fraudulent sale deed executed by the third respondent and recovery of the compensation amount of Rs. 6,21,000/-. Since the said application has not been disposed of, the petitioner has come before this court.

4. The learned Special Government Pleader, appearing for the respondents 1 and 2, would submit that the application of the petitioner will be considered in accordance with law.

5. In view of the above, without expressing any opinion on the merits of the matter, the second respondent is directed to dispose of the petitioner's application dated 21.07.2025 and pass final orders on its own merits, after 3/5

affording a reasonable opportunity to the petitioner, within a period of six months from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

04.09.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To

1. The District Collector Madurai District, Madurai.

2. The Revenue Divisional Officer Melur, Madurai District.

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P.T.ASHA, J.

skn Writ Petition(MD)No.24132 of 2025 04.09.2025 5/5