Allowed

Mary Richard v. The District Collector

Madras HC17 Feb 2020WP/3713/2020

Case brief

AI extract

What is this about?

The Court issued a Writ of Mandamus directing the Revenue Divisional Officer to dispose of the petitioner's maintenance petition under the Maintenance and Welfare of Parents and Senior Citizens Act. The Officer was ordered to conduct an enquiry by March 31, 2020, after issuing notices and recording statements, with a direction for both parties to participate actively.

What did the court decide?

Mandamus to 3rd respondent to dispose of maintenance petition via enquiry by 31.03.2020, issuing notices and recording statements.

Mary Richard Vs The District Collector — Property and Title | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 17.02.2020

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CORAM

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P.No.3713 of 2020

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Mary Richard .. Petitioner

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..Vs..

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1. The District Collector, Tiruvallur District, Collectorate Building, Tiruvallur. 2. The District Social Welfare Officer, Office of District Social Welfare, Tiruvallur District, Tiruvallur. 3. The Revenue Divisional Officer, Ambattur Revenue Division, Tiruvallur District. 4. The Sub-Registrar, Ambattur, Chennai – 600 053. 5. R.Martin Prince Mathew ..Respondents

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PRAYER :

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Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3^rd respondent to dispose of the petitioner's petition dated 19.12.2019 field under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, and pass order of cancellation of settlement deed dated 06.04.2017 in doc.no.3918 of 2017 in the office of the 4^th respondent Sub-Registrar, Ambattur.

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For Petitioner : Mr.S.Pushpakaran

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For Respondents : Mr.R.A.S.Senthilvel, (for R1 to R3) Additional Government Pleader Mr.T.M.Pappaiah, (for R4) Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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By consent of both sides, the orders are passed in the writ petition.

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The petitioner is aged about 62 years. She and her husband namely Richard had purchased a property at Mugapper from their own savings and income from private employment in the year 2000. That property was sold and out of the sale consideration, a flat at Ayapakkam was also purchased in the name of the petitioner and her son Martin Prince who is shown as 5^th respondent.

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It is stated that the 5^th respondent got married on 25.05.2016. Out of love and affection, the petitioner had executed a settlement deed in Document No.3918 of 2017 in favour of the 5^th respondent with respect to her share, registered in the 4^th respondent office. It is stated that however, the 5^th respondent had changed his attitude and behaving rudely with the petitioner and her husband and not caring them. The petitioner claimed that due to advance age, she and her husband have been affected with diseases such as Diabetics and Blood Pressure.

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In this connection, she has given a complaint to the 1^st respondent on 19.12.2019 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. This petition had been forwarded to the 3^rd respondent namely the Revenue Divisional Officer, Ambattur Revenue Division, Tiruvallur District.

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This writ petition has been filed for a mandamus seeking direction to the 3^rd respondent to dispose of the said petition.

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Heard Mr.S.Pushpakaran, learned counsel for the petitioner and Mr.R.A.S.Senthilvel, Additional Government Pleader for R1 to R3 and Mr.T.M.Pappiah, learned Special Government Pleader for R4.

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Considering the facts and circumstances of the case, a mandamus is issued to the 3^rd respondent to follow the rules provided under the Maintenance and Welfare of Parents and Senior Citizens Act and issue notice to the petitioner and also to the 5^th respondent, record their statements and conduct an enquiry in accordance with rules and thereafter, pass orders on the petition filed by the petitioner. At any rate, the 3^rd respondent must complete the entire procedure on or before 31.03.2020. Further, the petitioner and the 5^th respondent both

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https://hcservices.ecourts.gov.in/hcservices/

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are directed to participate in the enquiry and should not take unnecessary adjournments during the course of enquiry.

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With the above observation, this writ petition is disposed of. No costs.

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Sd/-
Assistant Registrar(CS III)
//True Copy//
Sub Assistant Registrar
vum
To
1. The District Collector,
Tiruvallur District,
Collectorate Building,
Tiruvallur.
2. The District Social Welfare Officer,
Office of District Social Welfare,
Tiruvallur District,
Tiruvallur.
3. The Revenue Divisional Officer,
Ambattur Revenue Division,
Tiruvallur District.
4. The Sub-Registrar,
Ambattur,
Chennai – 600 053.
+1cc to Mr.S.Pushpakaran, Advocate, S.R.No.13454
W.P.No.3713 of 2020
MG(CO)
CS/20/02/2020

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https://hcservices.ecourts.gov.in/hcservices/

Mary Richard v. The District Collector

Case brief

What is this about?

What did the court decide?

Mary Richard v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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