✦ High Court of India · 25 Mar 2024

High Court · 2024

Case Details High Court of India · 25 Mar 2024

Court

High Court of India

Decided

25 Mar 2024

Bench

P D AUDIKESAVALU

Length

1,225 words

Acts & Sections

Constitution of India Maintenance and Welfare of Parents and Senior Citizen Act 2007

W.P. No. 12246 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.03.2024CORAMTHE HON'BLE MR. JUSTICE P.D. AUDIKESAVALUW.P. No. 12246 of 2023andW.M.P. Nos. 12100 and 12101 of 2023 R.Padmanabhan … Petitioner -vs-1. The District Collector, Singara Maaligai, No. 62, Rajaji Salai, Chennai - 600001.2. The Revenue Divisional Officer, Chennai North, Tondiarpet, Chennai - 600081.3. M.Raja4. R.Vimala ... RespondentsPrayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Certiorari, call for the records on the file of the Second Respondent vide his proceedings in Na.Ka. No. A4/3844/2021 and quash the impugned order dated 12.12.2022 as illegal and violative of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007. 1/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023For Petitioner:Mr.T.MohanFor Respondents:Mr.S.J.Mohamed Sathik (for R1 and R2)Government Advocate Mr.D.Padmanabhan (for R3 and R4)O R D E RHeard Mr.T.Mohan, Learned Counsel for the Petitioner, Mr.S.J.Mohamed Sathik, Learned Government Advocate appearing for the First and Second Respondents and Mr.D.Padmanabhan, Learned Counsel for the Third and Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties.2.The Third and Fourth Respondents, who are senior citizens, had made a representation dated 23.09.2022 claiming that they were owners of the property situated at 7/9, Second Street, Sathiyavani Muthu Nagar, Ennore, Chennai - 600057 and that they had sought for eviction of the Petitioner, who is their son from the said property on account of the hostile relationship that was existing between them. The Second Respondent by proceedings in Na.Ka. No. A4/ 3844/2021 dated 12.12.2022 has passed the following order:-2/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023"1/ brd;id khtl;lk;. vz;Qq}h;. rj;jpathzp Kj;J efh;. 2tJ bjU. fjt[ vz;/7-9 vd;w Kfthpapy; trpj;JtUk; jpU/M/uh$h j-bg/ kJiu kw;Wk; jpUkjp/tpkyh f-bg/ uh$hMfpa ,UtUk; nkw;go Kfthpapy; cs;s kDjhuu; bgahpy; cs;s tPl;oy; fPH; jsj;jpy; trpj;J tUfpnwhk; vd;Wk; vdJ K:j;j kfd; jpU/gj;kehgd; vd;gth; Kjy; jsj;jpy; FLk;gj;Jld; trpj;J tUfpwhh;/ mth; trpf;Fk; nky; jsj;ij fhyp bra;Jtpl;L btspnaw;wp jUkhW Kjpa Fokf;fspd; kw;Wk; bgw;nwhh;fspd; guhkhpg;g[ kw;Wk; eythH;t[ rl;lk; 2007d; fPH; kD bra;Js;shh; mjd;go kDjhuh;. vjph; kDjhuh; Mfpnahh;fspd; tprhuiz bra;jjpy; kDjhuh;fs; Mfpath;fs; vjph; kDjhuh; Mfpnahh;fspd; tprhuiz bra;jjpy; kDjhuh;fs; Mfpath;fs; vjph;kDjhuhplk; 70 rtud; eif kw;Wk; U:/8 yl;rk; gzk; bfhLj;jjhft[k; mg;gzj;ija[k; eiffisa[k; bfhLj;jy; tPl;il fhyp bra;J bfhLf;fpnwd; vd;W jdJ thf;F K:yj;jpy; bjhptpj;Js;shh;/ ,jw;fhd Mjhuk; VJk; rkh;g;gpf;ftpy;iy/2/,e;neh;tpy; kDjhuhpd; jdJ K:j;j kfd; gj;kehgd; vd;gthplk; $Ptdhk;rk; VJk; nfhutpy;iy. nkYk; kDjhuh;fspd; taJ K:g;gpd; fhuzkhf nkw;go Kfthpapy; cs;s fPH;jsk; kw;Wk; Kjy; jsk; Mfpa ,uz;L tPl;oida[k; kDjhuh;fs; jpU/vk;/uh$h j-bg/ kJiu. jpUkjp/tpkyh f-bg/ uh$h ,UtUk; thH;ehs; KHtJk; jdJ tpUg;gg;go tPl;oy; trpj;Jk; my;yJ thlif tpl;L mjd; K:yk; fpilf;Fk; gzj;ijf bfhz;l j';fsJ njitfis g{h;j;jp bra;J bfhs;s kDjhuh;fs; kfd; gj;kehgd; vd;gth; mth; trpf;Fk; je;ijaapd; tPl;oid ,t;thiz fpilf;fbgw;w 90 jpd';fSf;Fs; fhyp bra;jpLkhW bgw;nwhh; kw;Wk; 3/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023K:j;j Fokf;fs; guhkhpg;g[ rl;lk; 2007 kw;Wk; tpjpfs; 2009d; fPH; cj;jutplg;gLfpwJ/" The said order is challenged by the Petitioner in this Writ Petition. 3.This Court during the hearing on 23.06.2023 had passed the following self-explanatory order:-"The learned Senior Counsel appearing for the petitioner submitted that as agreed by the petitioner during the earlier hearing on 27.04.2023, the petitioner has vacated the premises and is ready to hand over the keys to his parents/ respondents 3 and 4. The learned Senior Counsel further submitted that mere handing over of the keys will not absolutely give away the petitioner's rights to his parents.2.All the issues are left open at the time of final hearing of the writ petition. At present, this Court as an interim arrangement directs the petitioner to hand over the keys to his parents/ respondents 3 and 4 today (23.06.2023) itself."4/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 20234.Learned Senior Counsel appearing for the Petitioner while highlighting that the Petitioner had vacated from the premises, which was hereto in his occupation, in pursuance of the aforesaid interim order passed by this Court, contends that the Petitioner has substantially contributed for the construction of the house in the said property on the understanding that he along with his family would be entitled to reside there with his parents, but at the instigation of his siblings, who inimically disposed towards him, the impugned has come to be passed which requires to be set aside. 5.Learned Counsel appearing for the Third and Fourth Respondents support the impugned order relying on Rule 20(2)(i) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, which reads as follows:-"20. Duties and powers of the District Collector-(2). It shall be the duty of the District Collector to, -(i) ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity;"5/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023It would be evident that the application under the said Rules has to be made before the First Respondent, viz., the District Collector, but such application has been made to the Second Respondent, viz., the Revenue Divisional Officer in the instant case and as such the said order is without jurisdiction. In such circumstances, the impugned order which cannot be sustained, is set aside. At this stage, Learned Counsel appearing for the Third and Fourth Respondents states that a fresh application dated 08.03.2024 has been made to the First Respondent and its copy along with proof of delivery has been placed on record. Having due regard to the fact that the Petitioner had vacated from the premises only in furtherance to the interim order passed by this Court subject to the result of this Writ Petition, he is entitled to seek for restoration of possession by making necessary application for such relief in that proceeding.6.In such circumstances, this Court without expressing any view on the merits of the controversy involved, passes the following order:-(i)it shall be incumbent upon the First Respondent to send due notice to the Petitioner, the Third and Fourth Respondents and all other persons concerned to attend on the date fixed for hearing as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearings every month showing progress of the case;6/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023(ii)if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the Petitioner and the Third and Fourth Respondents requiring the same to be furnished within a time frame of not less than 10 working days for the same;(iii)in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to all persons concerned including the Petitioner and the Third and Fourth Respondents to explain their position in that regard; and(iv)a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated to the concerned persons under written acknowledgment.Depending upon the ultimate outcome of the said proceedings, the parties may determine their further course of action in accordance with law.In the result, the Writ Petition is disposed on the aforesaid terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. 25.03.2024Index: Yes/NoNCC: Yes/No7/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023Note: Issue order copy by 24.05.2024.gsaTo 1. The District Collector, Singara Maaligai, No. 62, Rajaji Salai, Chennai - 600001.2. The Revenue Divisional Officer, Chennai North, Tondiarpet, Chennai - 600081.8/9 https://www.mhc.tn.gov.in/judis W.P. No. 12246 of 2023P.D. AUDIKESAVALU, J.gsaW.P. No. 12246 of 202325.03.20249/9

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