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Madras High CourtWP/3788/2022disposed of

M.Pushpa v. The District Collector

2022-02-24Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2022

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NO.3788 OF 2022 AND W.M.P.NO.3915 OF 2022 M.Pushpa ... Petitioner .Vs.

1. The District Collector, O/o. the District Collectorate, Vellore District, Vellore - 9.

2. The Revenue Divisional Officer, O/o. the District Collectorate, Vellore District, Vellore - 9.

3. The Sub Registrar, Kaniyambadi SRO, Kaniyambadi.

4. Maheswaran ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to pass appropriate orders based on the petitioner's appeal dated 05.01.2022 within a stipulated period of time. For Petitioner : Mr.S.Yudhish Padman MS/3607/2010 For Respondents :

Mr.TNC.Kaushik 1 to 3 Additional Government Pleader

O R D E R

Mr.TNC.Kaushik, learned Additional Government Pleader accepts notice for R-1 and R-2 and is armed with instructions to proceed with the matter finally. In view of the order passed in the paragraphs to follow, no notice is thought necessary to R-4 at this juncture. Hence, by consent expressed by both learned counsels, this writ petition is disposed finally, even at the stage of admission.

2. The short prayer of the petitioner is for a direction to the first respondent-District Collector, to dispose the petitioner's appeal dated 05.01.2022 filed in terms of Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as the 'Act'].

3. The provisions of Section 16 (6) of the Act states that the Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.

4. In this case, appeal dated 05.01.2022 has been received by R-2 on 10.01.2020 and R-1 ought to have disposed the same on or before 10.02.2022. The appeal is however, admittedly still pending.

5. Mr.TNC.Kaushik, learned Additional Government Pleader assures the Court that the appeal will be disposed within three

(3) weeks from today, after hearing the parties, on merits and in accordance with law and all applicable Rules and Regulations. This undertaking is recorded and Mandamus is issued, to aforesaid effect.

6. In the event the concerned Officer is unable to dispose the appeal 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. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar Jeni/Svn

To 1.

The District Collector, O/o. the District Collectorate, Vellore District, Vellore - 9.

2.

The Revenue Divisional Officer, O/o. the District Collectorate, Vellore District, Vellore - 9.

3.

The Sub Registrar, Kaniyambadi SRO, Kaniyambadi.

+1cc to the Government Pleader, S.R.No.13025 W.P.NO.3788 OF 2022 PMK(CO) PBS/29/03/2022