W.P(MD)Nos.7484 and 8468 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 11.08.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P(MD)Nos.7484 and 8468 of 2022

W.P.(MD)No.7484 of 2022:-

S.Gayathri

... Petitioner

Vs.

1.The District Collector,

Madurai District,

Madurai.

2.The District Revenue Officer,

Madurai.

3.The Revenue Divisional Officer/

Presiding Officer of Senior Citizens's

Maintenance and Welfare Tribunal,

Madurai.

4.The Inspector of Police,

Thiruppalai Police Station,

Madurai.

5.D.Ambikapathy

6.A.Subramaniam

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Certiorari, to call for the records of the

impugned order of the 3^rd Respondent in Moo.Mu.No.2621/2021/J dated

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W.P(MD)Nos.7484 and 8468 of 2022

12.11.2021 and the order in Appeal passed by the 1^st Respondent in

Na.Ka.No. 994/2022/C5 dated 01.04.2022 and quash the same as illegal.

For Petitioner

: Mr.M.Kannan

For Respondents : Mr.K.Balasubramani,

Spl. Government Pleader for R1 to R4.

Mr.A.Haja Mohideen for R5.

Mr.M.Mohammed Sharbudeen for R6.

W.P.(MD)No.8468 of 2022:-

D.Ambikapathy

... Petitioner

Vs.

1.The District Collector,

Office of District Collector,

Madurai District,

Madurai.

2.The Commissioner of Police,

Office of Commissioner of Police,

Alagarkovil Main Road,

Madurai.

3.The Revenue Divisional Officer/

Tribunal of Maintenance and Welfare of Parents

and Senior Citizens,

Office of the Revenue Divisional Officer,

Madurai District,

Madurai.

4.The Inspector of Police,

Thirupppalai Police Station,

Thiruppallai,

Madurai District.

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W.P(MD)Nos.7484 and 8468 of 2022

5.A.Gayathri

6.A.Subramaniyan

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India,

praying this Court to issue a Writ of Mandamus, to direct the 2^nd respondent to

direct the 4^th respondent to execute the order of the 3^rd respondent in

Mu.Mu.No. 2621/2021J dated 12.11.2021 Under the Maintenance and Welfare

of Parents and Senior Citizens Act, 2007 confirmed by the 1^st respondent in

Na.Ka.No.994/2022/C5 dated 01.04.2022 and handover the possession and

enjoyment in Door No.1/140-4-1, Subashini Nagar, 2^nd

North Street,

Suryanagar, Madurai Town from the custody of the 5^th Respondent to the

petitioner by considering her representation dated 15.12.2021 within the period

stipulated by this Court.

For Petitioner

: Mr.A.Haja Mohideen

For Respondents : Mr.K.Balasubramani,

Spl. Government Pleader for R1 to R4.

Mr.M.Kannan for R5.

Mr.M.Mohammed Sharbudeen for R6.

COMMON ORDER

Heard the learned counsel on either side.

2.Dr.D.Ambikapathy moved the Maintenance Tribunal, Madurai under

the provisions of the Maintenance and Welfare of Parents and Senior Citizens

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W.P(MD)Nos.7484 and 8468 of 2022

Act, 2007. The order dated 12.11.2021 was passed. The said order directs

eviction of Gayathri, daughter-in-law of Dr.D.Ambikapathy. Interestingly,

Gayathri was not made as a party to the proceedings. Aggrieved by the order

dated 12.11.2021 passed by the Maintenance Tribunal, Gayathri filed an appeal

before the District Collector, Madurai. The District Collector, Madurai

informed Gayathri that since she was not a party to the proceedings before the

Maintenance Tribunal, her request cannot be accepted. Dr.D.Ambikapathy filed

W.P.(MD)No.8468 of 2022 seeking implementation of the order passed by the

Maintenance Tribunal. Gayathri filed W.P.(MD)No.7484 of 2022 questioning

the order passed by the Maintenance Tribunal. Since both the writ petitions are

interlinked, they are being heard and disposed of by this common order.

3.The order passed by the Maintenance Tribunal is vulnerable on two

counts. An order adverse t