M.Myla v. The Sub Division Magistrate/Revenue Division Officer
Case at a glance
Provisions considered
Key paragraphs
- Para 55.M.Kandhan..Respondent(s)Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 3 and 4 herein to implement the order of the 1st respondent herein issued vide his proceedings in m3/5557/2022 dated 27.05.2023 and…
Judgment
WP Crl. No. 282 of 2025__________Page1 of 6IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 10-06-2026CORAMTHE HON'BLE MR JUSTICE G.K. ILANTHIRAIYANWP Crl. No. 282 of 2025M.Myla..Petitioner(s)Vs1.The Sub Division Magistrate/Revenue Division Officer,O/o. The Sub Divisional Magistrate/Revenue Divisional Office, South Chennai Division, Guindy, Chennai - 600 032.
The TahsildarO/o.The Tahsildar, Velachery Taluk, Chennai - 600 042.
The Assistant Commissioner of Police,O/o. The Assistant Commissioner of Police, Adyar Range, Chennai - 600 020.
The Inspector of Police (L and O)J-5, Shasthri Nagar Police Station, Besant Nagar, Chennai - 600 090.
M.Kandhan..Respondent(s)Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 3 and 4 herein to implement the order of the 1st respondent herein issued vide his proceedings in m3/5557/2022 dated 27.05.2023 and in proceedings nr.K.vz£.m3/5557/2022 https://www.mhc.tn.gov.in/judis WP Crl. No. 282 of 2025__________Page2 of 6dated 23.11.2023 and consequently vacate the 5th respondent herein from the petitioner’s house at No.23/2, 6th Lane, Shastri Nagar, Adayar, Chennai - 600 020 and allow the petitioner herein to live peacefully at the fag end of her life, by considering the representation of the petitioner dated 23.06.2025.For Petitioner(s):Mr.D.Soundar RajFor Respondent(s):Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side) for RR1 to 4No appearance for R5ORDERThis Writ Petition has been filed for a direction directing the third and fourth respondent to implement the order passed by the first respondent dated 27.05.2023 and 23.11.2023, thereby, vacate the fifth respondent herein from the petitioner’s house at No.23/2, 6th Lane, Shastri Nagar, Adayar, Chennai – 600 020 and handover vacant possession to the petitioner.
The petitioner is the mother of the fifth respondent. 2. The petitioner’s case is that she gave birth to two sons and two daughters. While her husband was alive, the fifth respondent attempted to kill him and as such, with the assistance of the Police, he was evicted from the subject property. After his demise, once again, the fifth respondent trespassed into the subject property and giving all sort of torture to the petitioner, who is https://www.mhc.tn.gov.in/judis WP Crl. No. 282 of 2025__________Page3 of 6the mother of the fifth respondent. Therefore, the petitioner was constrained to file a petition before the first respondent under Maintenance and Welfare of Parents and Senior Citizens Act, 2007. After full-fledged enquiry, the first respondent vide an order dated 27.05.2023 directed the fourth respondent to vacate the fifth respondent from the petitioner’s house. Further, by an order dated 23.11.2023, directed the second and fourth respondent to take appropriate action as against the fifth respondent, if he failed to comply with the order passed by the first respondent dated 27.05.2023.
However, the second and fourth respondents did not take action so far. Therefore, the petitioner has filed the present Writ Petition. 3. Though the fifth respondent is represented through a counsel, today nobody appeared on behalf of the fifth respondent either by person or through a pleader. 4. In view of the above, the second and fourth respondents are directed to comply with the order of the first respondent dated 27.05.2023 and 23.11.2023 forthwith. Further, the fourth respondent is also at liberty to register an FIR as against the fifth respondent on the complaint lodged by the petitioner, if any and proceed in accordance with law. https://www.mhc.tn.gov.in/judis WP Crl. No. 282 of 2025__________Page4 of 65. The Writ Petition (Criminal) is disposed of accordingly. No costs.10-06-2026Index: Yes/NoSpeaking/Non-speaking orderNeutral Citation: Yes/NoTSGTo1.The Sub Division Magistrate/Revenue Division Officer,O/o.
The Sub Divisional Magistrate/Revenue Divisional Office, South Chennai Division, Guindy, Chennai - 600 032.2.The TahsildarO/o.The Tahsildar, Velachery Taluk, Chennai - 600 042.3.The Assistant Commissioner of Police,O/o. The Assistant Commissioner of Police, Adyar Range, Chennai - 600 020.4.The Inspector of Police (L and O)J-5, Shasthri Nagar Police Station, Besant Nagar, Chennai - 600 090. https://www.mhc.tn.gov.in/judis WP Crl. No. 282 of 2025__________Page5 of 65. The Public Prosecutor, Madras High Court. https://www.mhc.tn.gov.in/judis WP Crl. No. 282 of 2025__________Page6 of 6G.K.ILANTHIRAIYAN, J.TSGWP Crl. No. 282 of 202510-06-2026
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