Mandamus enforces time-bound implementation of patta restoration under Senior Citizens Act after notice.

O R D E R

The petitioner is before this Court seeking issuance of a writ of mandamus directing respondents 3 and 4 to restore the patta in the name of the petitioner in respect of the property in Natham Survey No.821/8, measuring 0.01.06 hectares, situated at Karunkadal Village, Sathankulam Taluk, Thoothukudi District, by implementing the order passed by the second respondent dated 18.10.2024.

2. Heard Mr. J. David Ganesan, learned counsel for the petitioner, and Mr. P. Subbaraj, learned Special Government Pleader, who accepts notice on behalf of respondents 1 to 4.

3. The patta in respect of the subject property originally stood in the name of the petitioner. Subsequently, it was transferred to the name of the petitioner’s husband, who executed a Will in favour of the fifth respondent, who is one of their daughters, on 30.09.2020. The petitioner’s husband passed away on 18.01.2024. Thereafter, the petitioner filed an application under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking cancellation of the patta standing in the name of the fifth respondent. The second respondent, by order dated 18.10.2024, cancelled the patta. Aggrieved by the same, the fifth respondent preferred an appeal before the first respondent, which was dismissed, confirming the order passed by the second respondent and restoring the patta in the name of the petitioner. The petitioner’s grievance is that, despite the orders passed by respondents 1 and 2, respondents 3 and 4 have not taken steps to restore the patta in her name.

4. Mr. P. Subbaraj, learned Special Government Pleader, on instructions, submitted that the petitioner’s representation will be considered in accordance with law within a time frame to be stipulated by this Court. The said submission is taken on record.

5. In view of the above, the writ petition is disposed of with a direction to respondents 3 and 4 to restore the patta in respect of the subject property in favour of the petitioner, in terms of the order passed by the second respondent dated 18.10.2024, after issuing notice to the fifth respondent.

6. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

7. There shall be no order as to costs.