T.Mary vs The Tribunal Under The ...
2023 Latest Caselaw 14286 Mad

                                                                               W.P.(MD)No.19937 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 15.11.2023

                                                           CO RAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD)No.19937 of 2021

                    T.Mary                                                          ... Petitioner

                                                             -vs-

                    1.The Tribunal under the Maintenance and
                        Welfare of Parents and Senior Citizens Act, 2007,
                      Presided Over by the Sub Collector,
                      Padmanabhapuram, Kanyakumari District.

                    2.T.Sagaya Kingsly

                    3.T.Sagaya John Bennet

                    4.T.Jerom Edison

                    5.T.Sagaya Valan                                              ... Respondents


                    PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
                    to issue a Writ of Mandamus, directing the first respondent to consider the
                    application of the petitioner, dated 07.09.2021
                                  For Petitioner       :      Mr.C.T.Perumal
                                  For R1               :      Mr.K.S.Selvaganesan
                                                              Additional Government Pleader


                    1/4


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.(MD)No.19937 of 2021



                                    For R2               :      Ms.M.Rajeswari

                                    For R3               :      Mr.P.Sakthivel

                                    For R5               :      Mr.N.Dilipkumar


                                                             ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus,

directing the first respondent to consider the application submitted by the

petitioner on 07.09.2021, wherein the petitioner has sought for the

cancellation of the settlement deeds that were executed in favour of the

respondents 2 to 5.

2. When the matter was taken up for hearing today, it was brought to

the notice of this Court that the first respondent had already acted upon the

representation made by the petitioner and called the parties for enquiry

tomorrow (i.e., on 16.11.2023).

3. In view of the above, it will suffice if a direction is given to the first

respondent to deal with the representation made by the petitioner strictly in

accordance with law and keeping in mind the judgment of the Hon'ble Apex

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19937 of 2021

Court in Sudesh Chhikara vs. Ramti Devi and another reported 2022 SCC

Online SC 1684. The first respondent shall pass final orders within a period

of four weeks from the date of receipt of a copy of this order.

4. This Writ Petition is disposed of with the above direction. No costs.

                    NCC           : Yes/No                                               15.11.2023
                    Index         : Yes/No
                    smn2


                    To

                      The Sub Collector,

The Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Padmanabhapuram, Kanyakumari District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.19937 of 2021

N.ANAND VENKATESH, J.

smn2

W.P.(MD)No.19937 of 2021

15.11.2023

https://www.mhc.tn.gov.in/judis