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2023 Supreme(Online)(Mad) 70513

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Hon`ble Mr Justice M.DHANDAPANI
A.NAMBIKANI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.18166 of 2023 A.Nambikani ... Petitioner Vs.

1. The District Collector, Chennai District, Rajaji Salai, Chennai.

2. The Additional Personal Assistant, to the Collector (Land), Chennai District, Rajaji Salai, Chennai.

3. The Revenue Divisional Officer, Chennai Central Division, Chennai. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to dispose of the petition dated 27.02.2023 filed by the petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the 1st respondent which has been forwarded subsequently by the 2nd respondent to the 3rd respondent vide Na.Ka.No.J8/5469/2023 dated 13.04.2023.

For Petitioner : Mr.E.Suresh Sakthi Murugan For Respondents : Mr.E.Veda Bagath Singh,SGP

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 3rd respondent to dispose of the petition dated 27.02.2023 filed by the petitioner under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the 1st respondent which has been forwarded subsequently by the 2nd respondent to the 3rd respondent vide Na.Ka.No.J8/5469/2023 dated 13.04.2023.

2. Mr.E.Veda Bagath Singh, learned Special Government Pleader accepts notice for respondents. In view of the consent expressed by learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the case of the petitioner that based on the false promise that her son namely A.Kumar will maintain the petitioner, she executed a settlement deed in favour of her son on 14.11.2016. Since the said Kumar did not look after the petitioner in her old age, she made a petition dated 27.02.2023 under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 before the first respondent seeking cancellation of the above said settlement deed, which was forwarded to the second and third respondent vide proceedings dated 13.04.2023. Since the same was not considered, the present writ petition has been filed.

4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the third respondent to consider the petitioner’s petition dated 27.02.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. On the above contentions heard learned Special Government Pleader appearing for the respondents and perused the materials placed on record.

6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the third respondent to consider the petitioner’s representation dated 27.02.2023 and pass appropriate orders on merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petittion is disposed of. No costs.

21.06.2023 (rap)

Index : Yes / No Speaking order / Nonspeaking order Neutral Citation Case : Yes / No To

1. The District Collector, Chennai District, Rajaji Salai, Chennai.

2. The Additional Personal Assistant, to the Collector (Land), Chennai District, Rajaji Salai, Chennai.

3. The Revenue Divisional Officer, Chennai Central Division, Chennai.

M.DHANDAPANI, J.

rap

21.06.2023

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