RDO order against rogue son upheld

CHENNAI: The Madras High Court has upheld an order of the Revenue Divisional Officer (RDO), Pochampalli taluk in Krishnagiri district, dispossessing a son of his father’s property.  J Anb

Published: 15th May 2012 02:40 AM  |   Last Updated: 02nd June 2012 10:24 PM   |  A+A-

CHENNAI: The Madras High Court has upheld an order of the Revenue Divisional Officer (RDO), Pochampalli taluk in Krishnagiri district, dispossessing a son of his father’s property.  J Anbalagan, allegedly ill-treated his father Jagadeesan, slapped him and also threatened to kill him. The RDO passed the order on May 23 last year, after Jagadeesan invoked Sec. 5(1) and (2) of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 to retrieve his properties from his son.

Following a family dispute, Anbalagan allegedly slapped his father while the latter was working in his farm. He was rescued by people working in the nearby fields.

The RDO had also directed Anbalagan to vacate the family house and restrained him from interfering with his father’s peaceful possession and enjoyment of the property in his lifetime. In case of failure to comply with the condition, Anbalagan would have to pay a fine of `10,000, besides undergoing three months’ imprisonment, the RDO had warned.

Aggrieved, Anbalagan moved the High Court to quash the RDO order. He contended that, at best, the RDO could only order compensation but could not order his eviction.

Justice K Chandru, before whom the petition came up for hearing recently, upheld the earlier order by RDO after holding that there was no infirmity in the detailed order.

Noting that Anbalagan had not exhausted the appeal provision in the Act, the judge said that on that sole ground itself the petition was liable to be dismissed.

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