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Madras High CourtWP/976/2022disposed of

Ayyakkannu v. The Revenue Divisional Officer And Sub-Divisional Executive Magistrate,

2022-01-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.976 OF 2022 AND W.M.P.NO.1038 OF 2022

1. Ayyakannu

2. Tmt.Mookkayee

...Petitioner

Vs

1. The Revenue Divisional Officer and Sub-Divisional Executive Magistrate, Ariyalur Division, Ariyalur District.

2. A. Balasubramanian

3. Tmt. Kavitha

...Respondents

PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to conduct enquiry on the petition dated 27.09.2021 and pass necessary orders in terms of the Maintenance and Welfare of Parents and Seniors Citizens Act, 2007.

For petitioner : Mr.S.Kamadevan For R-1 : Mr.P.Gurunathan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the 1st respondent herein to conduct an enquiry pursuant to the representation dated 27.09.2021 made by the petitioner within the time stipulated by this Court.

2. Mr. P. Gurunathan, learned Additional Government Pleader takes notice for the 1st respondent.

3. The case of the petitioner is that due to a family dispute between the petitioner and the private respondents herein, the petitioner being a Senior Citizen and his wife along with their unmarried daughter were driven out of their house by the respondents 2 & 3. Aggrieved by the same, the petitioner filed a petition under the Maintenance and Welfare of Parents and Seniors Citizens Act, 2007 dated 27.09.2021 to the 1st respondent herein to conduct an enquiry with regard to the issue and pass appropriate orders on the same. However, till date, the same has not been considered. Hence, the present petition has been filed seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel appearing for the petitioner submits that it would suffice if this Court issues a direction to the 1st respondent to consider the petitioner's representation dated 27.09.2021 and dispose of the same in accordance law within the time stipulated by this Court.

5. Heard the learned Additional Government Pleader appearing for the 1st respondent and perused the materials available on record.

6. Taking into consideration the submission made by the learned Additional Government Pleader appearing for the respondents, this Court without going into the merits of the case, directs the 1st respondent herein to consider the petition dated 27.09.2021 filed by the petitioner and pass appropriate orders on the same, in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition is disposed of. No Costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar NHS

To The Revenue Divisional Officer and Sub-Divisional Executive Magistrate, Ariyalur Division, Ariyalur District.

+1cc to the Government Pleader, S.R.No.5155 W.P.NO.976 of 2022 KG(CO) PM/28/02/2022