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Madras High CourtWP/3016/2022disposed of

G.Pattabi v. The District Collector

2022-02-23Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.3016 of 2022 1.G.Pattabi 2.Mrs.P.Gajalaksmi Pattabi

...Petitioners

Vs 1.The District Collector Office of the District Collectorate Singaravalen Maligai, Chennai 600001.

2.The District Revenue Officer Office of the District Collectorate Singaravalen Maligai, Chennai 600001.

3.The District Social Welfare Officer, Chennai District, Rajaji Salai, Chennai 600001.

4.P.Dhananjayan 5.P.Dhanaguru

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direction to the respondents 1-3 to take appropriate action against 4th and 5th respondent on the petitioner representation was submitted on the 27.11.2020.

For Petitioners : Dr.G.Babu For Respondents 1 to 3 : Mrs.Geetha Thamaraiselvan, Special Government Pleader

O R D E R

Read this order in conjunction with the order dated 21.02.2022, which is extracted as under:- "WMP No.3508 of 2022 filed seeking permission to file a single Writ Petition is ordered.

2. Mrs.Geetha Thamaraiselvan, learned Special Government Pleader accepts notice for R1 to R3 and seeks sometime to obtain instructions and file a counter.

3. This Court notices that there are number of Writ Petitions that are filed by senior citizens seeking mandamus on account of the long pendency of their applications for relief under the provisions of the Maintenance and welfare of parents and Senior Citizens Act, 2007. This defeats the purpose of Act itself.

4. In view of this, Mr.Elango, Revenue Divisional Officer (Central), Chennai will be present in Court on 23.02.2022.

5. List on 23.02.2022 at the end of motion list."

2. The officer Mr.Elango and Mrs.Geetha Thamaraiselvan, learned Special Government Pleader are present in the Court today and they submit that enquiry is on-going and the application of the petitioner will be disposed within ten days.

3. I reiterate the anguish expressed by this Court as recorded in paragraph-3 of the order extracted above, noting that enquiry in several applications filed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as the 'Act'] are initiated only towards fag end of limitation provided, defeating the laudable intention of the Act.

4. The learned Special Government Pleader is directed to ensure that necessary instructions are issued to the concerned Officers in all Districts to ensure that the applications filed under the abovesaid Act, are processed and disposed strictly within the time limits specified under the Act.

5. In the present matter, the assurance of the learned Special Government Pleader that the application filed by the petitioner will be disposed within two (2) weeks from today after hearing the parties on merits and in accordance with law and all applicable Rules and Regulations, is recorded and Mandamus is issued as aforesaid.

6. If the concerned Officer is unable to dispose the application within the stipulated time as aforesaid for want of documents or any other bonafide purpose, the concerned Officer is at liberty to seek extension of time through the Government Advocate.

7. The Writ Petition stands disposed as above, however with no order as to costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar Jeni/Svn To

1. The District Collector, Office of the District Collectorate, Singaravalen Maligai, Chennai 600001.

2. The District Revenue Officer, Office of the District Collectorate, Singaravalen Maligai, Chennai 600001.

3. The District Social Welfare Officer, Chennai District, Rajaji Salai, Chennai 600001.

+2 Ccs to Dr.G.Babu, Advocate sr 11822 +1 CC to The Government Pleader sr 12349.

W.P.No.3016 of 2022 NK(CO) SP(25/02/2022)