Madras High CourtWP(MD)/28421/2024disposed of

Rasammal v. The State Of Tamil Nadu

2024-12-03Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Rasammal ... Petitioner Vs.

The State of Tamil Nadu, Rep. by its the Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the entire record pertaining to impugned proceedings O.Mu.Aa2/5149/2024 dated 07.11.2024 and quash the same as illegal and consequently direct the respondent to conduct enquiry under section 8 and section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within a time stipulated by this Court.

For Petitioner : Mr.P.M.Vishnu Varthanan For Respondent : Mr.T.Amjad Khan, Government Advocate ***** 1/4

ORDER

This writ petition is filed to call for the entire record pertaining to impugned proceedings O.Mu.Aa2/5149/2024 dated 07.11.2024 and quash the same as illegal and consequently direct the respondent to conduct enquiry under section 8 and section 23 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2.The claim of the petitioner is that her properties to an extent of three acres land comprised in survey Nos.107/2, 108/3, 186/2A, 186/2B, 186/3A & 186/3B in Manthoppu, Kariyapatti Taluk, Virudhunagar District, have been grapped by some unknown persons by forging her signature and creating fraudulent title documents. Hence, for the purpose of securing the same, she had made an application under Section 5 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007. On appreciation of facts, the respondent had rejected the petitioner's application, for the same is not a case of desertion by the children of the petitioner but a case of land grapping.

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3.In view of the same, giving liberty to the petitioner to approach the appropriate Civil Court, this writ petition is disposed of without interfering with the impugned order. No costs.

03.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The State of Tamil Nadu, Rep. by its the Revenue Divisional Officer, Aruppukottai Division, Virudhunagar District.

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L.VICTORIA GOWRI, J.

Sml 03.12.2024 4/4