Madras High Court
V.Moorthy vs H.Velayutham on 22 April, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No. 1228 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A.No. 1228 of 2025
and
C.M.P.Nos. 9349 & 9352 of 2025
V.Moorthy ...Appellant
Vs.
1.H.Velayutham
2.The District Collector,
4th Floor, 62, Rajaji Salai,
Chennai - 600 001.
3.The Revenue Divisional Officer,
Revenue Divisional Office,
North Chennai Division,
Puzhal, Chennai - 600 066. ... Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the
order dated 21.01.2025 made in W.P.No.921 of 2025.
For Appellant : Mr.Kanmani Annamalai
for Mr.Digvijayapandian
1/6
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W.A.No. 1228 of 2025
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
Challenge is to the interim order passed by the writ Court, directing
the Authorities to take steps to implement the order of the 3rd respondent
made in a proceeding under the Maintenance and Welfare of Parents and
Senior Citizens Act, 2007 dated 06.01.2023, in and by the said order, the 3rd
respondent had held that the 1st respondent is entitled to be in possession of
the house belonging to him bearing Door No.H5/8125, 3rd Cross Street,
KKR Town, Thapalpetti, Kodungaiyur, Chennai – 600 118. The order also
states that the 1st respondent would be entitled to let out the house and enjoy
the income therefrom.
2. Though the appellant challenged the said order by way of an appeal
before the appellate authority namely, the District Collector, the said appeal
was rejected by a speaking order dated 15.05.2023. Thereafter, the
appellant sought for a revision of the order by the Collector on 05.06.2023.
Though a writ petition was filed, challenging the order made in the appeal
dated 15.05.2023, the same was withdrawn. The learned counsel for the
appellant would claim that the appeal was withdrawn because the Collector
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permitted the appellant to seek review of the order before the Revenue
Divisional Officer. In order to butress the said submission, the proceedings
of the Collector dated 24.07.2023 are relied upon.
3. A perusal of the orders does not support the contention of the
learned counsel for the appellant. The Collector under a misunderstanding
of the scope of the proceedings under the enactment of the year 2007 had
stated that the review would lie under RSO-8 of the revenue standing
orders. Be that as it may, the writ petition filed by the appellant,
challenging the proceedings of the Revenue Divisional Officer dated
06.01.2023 stands dismissed. Therefore, as of today, the order of the
Revenue Divisional Officer has become final.
4. The Hon'ble Supreme Court in Urmila Dixit Vs. Sunil Sharan
Dixit and Others reported in 2025 INSC 20 has held that the Authorities
under the Act have the power to put the claimant in possession of the
property, to which, he is entitled to by virtue of an order passed under the
Act. The interim order passed by the learned single Judge on 21.01.2025
only gives effect to the said pronouncement of the Hon'ble Supreme Court.
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Hence, we see no reason to interfere with the order of the learned single
Judge. This Writ Appeal therefore, fails and it is accordingly, dismissed.
No costs. Consequently, connected miscellaneous petitions are closed.
(R.S.M., J.) (G.A.M., J.)
22.04.2025
kkn
Index: No
Speaking order
Neutral Citation : No
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To:-
1.The District Collector,
4th Floor, 62, Rajaji Salai,
Chennai - 600 001.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
North Chennai Division,
Puzhal, Chennai - 600 066.
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R.SUBRAMANIAN, J.
and
G. ARUL MURUGAN, J.
KKN
and
C.M.P.Nos. 9349 & 9352 of 2025
22.04.2025
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