Madras High Court
Veerapathiran vs Arumugathammal on 10 June, 2021
W.A.(MD)No.1120 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1120 of 2021
and
C.M.P.(MD)No.4925 of 2021
1.Veerapathiran
2.Muthumari
3.Prem Anand ... Appellants
Vs.
1.Arumugathammal
2.The District Collector,
Sivagangai District,
Sivagangai.
3.The Revenue Divisional Officer,
(Tribunal under the Maintenance and Welfare of
Parents and Senior Citizen Act, 2007),
Sivagangai.
4.The Superintendent of Police,
Sivagangai District,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
1/6
W.A.(MD)No.1120 of 2021
5.The Deputy Superintendent of Police,
Sivagangai, Sivagangai District. ... Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, praying to
set aside the order dated 30.04.2019 in W.P.(MD)No.11128 of 2019 on the file
of this Court.
For Appellants : Mr.K.Sivabalan
Standing Counsel for Government
For Respondents : Mr.S.Srinivasa Raghavan for R1
Mr.A.K.Manikkam,
Standing Counsel for the Government
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
We have heard Mr.K.Sivabalan, learned Counsel appearing for the
appellants, Mr.S.Srinivasa Raghavan, learned Counsel appearing for the first
respondent and Mr.A.K.Manikkam, learned Standing Counsel appearing for
Government for the respondents 2 to 5.
2. This Writ Appeal is directed against the order, dated 30.04.2019 in
WP(MD)No.11128 of 2019.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1120 of 2021
3. The appellants were impleaded as the respondents 5 to 7 in the Writ
Petition and they are none other than the children of the first respondent/ writ
petitioner. The first respondent, mother sought for police protection for herself
and her daughter Smt.Devi and her children and for a consequential direction to
forbear the appellants from illegally and unlawfully collecting the rents in
respect of certain property situated in Sivagangai Town.
4. The prayer sought for in the Writ Petition was very widely couched
and in fact seeks for adjudication of a civil right. The learned Writ Court on
noticing the same, did not grant the relief sought for in the Writ Petition. But
only directed the first respondent/ writ petitioner, to give a fresh representation
to the respondent police, who were directed to conduct an enquiry and take a
decision in the matter. The appellants are right in filing this Appeal because they
were not heard in the matter and no notice was ordered. However, the appellants
rights have not been prejudiced in any manner on account of the direction
issued in the Writ Petition. That apart, the appellants have also filed a Suit in
O.S.No.70 of 2019 which is pending before the District Court, Sivagangai.
Therefore, we are of the view that the Writ Appeal can be disposed of with
certain observations, especially, when more than two years have passed by after
the order was passed in the Writ Petition.
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W.A.(MD)No.1120 of 2021
5. Accordingly, the Writ Appeal is disposed of making it clear that the
order and direction issued in the Writ Petition will in no manner prejudice the
rights of the appellants and the dispute between the appellants and their mother
namely, the first respondent, is left open to be agitated before the appropriate
Forum in the manner known to law. No costs. Consequently, the connected
Miscellaneous Petition is closed.
[T.S.S., J.] & [S.A.I., J.]
10.06.2021
Index : Yes / No
Internet : Yes / No
mbi/rm
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
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W.A.(MD)No.1120 of 2021
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The Revenue Divisional Officer,
(Tribunal under the Maintenance and Welfare of
Parents and Senior Citizen Act, 2007),
Sivagangai.
3.The Superintendent of Police,
Sivagangai District,
Sivagangai.
4.The Deputy Superintendent of Police,
Sivagangai, Sivagangai District.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1120 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
mbi/rm
JUDGMENT MADE IN
W.A.(MD)No.1120 of 2021
10.06.2021
https://www.mhc.tn.gov.in/judis/
