Octogenarian petitioner sought writ of mandamus directing District Collector and Sub Registrar to dispose of complaint against family members for coercion regarding settlement deed. Court dismissed writ, holding petitioner not entitled to bypass authorities.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
W.P.No.10786 of 2021
A.Manickam ...Petitioner
Vs
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 1 and 2 herein to suitably dispose of the petitioner's representation dated 15.03.2021 seeking for cancellation of the Settlement Deed obtained from him by the third respondent, under threat and co-ercion on 01.10.2020 settling the undivided half share of the house site comprised in Survey No.379/211 situate in Akkiampatti Village, Senthamangalam Taluk, Namakkal District, belonging to the petitioner to and in favour of his minor grandson, the fourth respondent herein, by registering the said settlement deed at the Office of SRO, Senthamangalam as Document No.2761 of 2020 as provided under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
For Petitioner : Mr.S.Senthil For Respondent-1 : Mr.R.A.S.Senthilvel, Additional Government Pleader For Respondent-2 : Mr.T.M.Pappiah,
Special Government Pleader ****
ORDER
The petitioner, who is an Octogenarian, invoking the provisions of the Maintenance and Welfare of Patents and Senior Citizens, Act, 2007, has given a representation to the respondents 1 and 2 complaining against the respondents 3 and 4. The said complaint was given by the petitioner on 15.03.2021, wherein, he has sought for cancellation of the settlement deed dated 01.10.2020 obtained from him under threat and coercion by the third respondent. Even without waiting for the authorities to issue notice to the respondents 3 and 4, the petitioner has approached this Court for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to dispose of his representation.
W.P.No.10786 of 2021 SVI(CO) CB(05/07/2021)
1 issue framed by the court
Whether a writ of mandamus can be issued directing the district authorities to dispose of a complaint before the authorities act on the complaint.
2 provisions across 2 enactments
A.Manickam
District Collector
Sub Registrar
M.Ganesan
G.Dhanadeeban
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
