T RAJARATNAM Vs. COLLECTOR, CHENNAI DISTRICT, APPELLATE TRIBUNAL OF MAINTENANCE OF PARENTS AND SENIOR CITIZENS

JUDGEMENT

(1.) This Writ Petition has been filed challenging the order of the first respondent dated 05.11.2013, confirming the order of the second respondent dated 30.05.2013, whereby, the Authorities have directed the petitioner to hand over possession of the property measuring an extent of 1187 sq.ft in J.D.Durairaj Nagar, Aminjikarai, Chennai.

(2.) The facts in nutshell:-

(3.) The case of the petitioner is that the second respondent issued a notice in Form C for his appearance on 08.05.2013, however even without providing the copy of the maintenance application, the second respondent proceeded to conduct enquiry and he was forced to give a statement. The further case of the petitioner is that he studied upto 5th standard and his father / third respondent herein was erratic, irregular and wayward. Hence, the petitioner who is the eldest son of the third respondent started earning at the age of 12 by doing carpenter work and maintained his family and also arranged for the marriage of his younger brother and two sisters. It is further stated that he had been at Saudi Arabia on employment as Carpenter and he was sending his earning to his father for construction of the house and he returned back in January 1990 and after his marriage he has been residing with his family in the property in dispute for the past 24 years, while the third respondent is living with his brother at New No.34, Old No.16, Kakkan Nagar, Aminjikarai, Chennai.