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R.Gopal v. The Sub Collector / Sub Divisional Magistrate

DISPOSED OF
Court
High Court of Madras
Decided
22 July 2026
Bench
M.Dhandapaniauthor
Case no.
WP(MD) 10242/2024

Judgment

O R D E R The present Writ Petition has been filed seeking for a direction to the second respondent to initiate enquiry under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, based on the first respondent's order in Mu.Mu.Aa1/6641/2022 dated 28.06.2023 and complete the same expeditiously and for a consequential direction to the second respondent to provide appropriate maintenance and other remedies to the petitioner in accordance with law, within a time frame to be stipulated by this Court.

2.Learned Counsel for the petitioner would submit that the petitioner is a senior citizen and the fourth and fifth respondents are his son and grandson. While so, the fourth respondent son has fraudulently transferred the patta standing in the name of the petitioner to the name of the fifth respondent in respect of S.No.48/8, Thannoothu Village, Eral Taluk, Thoothukudi District, for which the petitioner is the absolute owner. Thereafter, the fourth respondent chased away the petitioner and his wife out of the house in the aforesaid survey number. Thereafter, the petitioner made a complaint before the first respondent on 21.11.2022, under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The first respondent vide order dated 28.06.2023, directed the Tahsildar concerned to cancel the patta transferred in the name of the fifth respondent and to re-transfer the same in the name of the petitioner. He further directed the second respondent to enquire into the fraudulent transfer of patta and pass appropriate orders. Thereafter, the petitioner made a representation dated 12.07.2023 to the second respondent, which remains unconsidered. Hence, the present Writ Petition.

3.Learned State Counsel appearing for the official respondents would submit that the enquiry will be conducted by the second respondent and appropriate orders would be passed within a time frame to be fixed by this Court.

4.Heard the learned Counsel on either side.

5.Considering the limited scope of the prayer sought for in this Writ Petition, this Court without going into the merits of the matter, directs the second respondent to conduct an enquiry as directed by the first respondent through his order dated 28.06.2023, conclude the same and pass appropriate orders, if not already done, within a period of four [4] weeks from the date of receipt of a copy of this order.

6.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

22.07.2026 NCC : Index : Internet:

MR To

1.The Sub Collector / Sub Divisional Magistrate, Office of the Sub Collector, Thoothukudi, Thoothukudi District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thiruchendur Revenue Division, Thoothukudi District.

3.The Tahsildar, Office of the Tahsildar, Eral Taluk, Thoothukudi District.

M.DHANDAPANI, J. MR

22.07.2026

Case details

Parties and counsel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Gopal ... Petitioner -vs- 1.The Sub Collector / Sub Divisional Magistrate, Office of the Sub Collector, Thoothukudi, Thoothukudi District. 2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thiruchendur Revenue Division, Thoothukudi District. 3.The Tahsildar, Office of the Tahsildar, Eral Taluk, Thoothukudi District. 4.Shri Ramasamy 5.Shri Thangasamy ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the the second respondent to initiate the enquiry under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 based on the first respondent's order in Mu.Mu.Aa1/6641/2022 dated 28.06.2023 and expeditiously complete it and consequently direct the second respondent to provide appropriate maintenance and other remedies to the petitioner in accordance with law within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents 1 to 3 : Mr.M.Mahaboob Athiff Counsel for the State of Tamil Nadu For Respondent No.4 : Mr.S.Mandhira Lingeswaran

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.