Taj Mohammed v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.3217 of 2022 Taj Mohammad

...Petitioner

Vs.

1.The District Collector, Thiruvallur, Thiruvallur District 2.The Revenue Divisional Officer, (Senior Citizen and Maintenance Welfare Tribunal), Thiruvallur, Thiruvallur District 3.T.Vaheetha Praveen 4.Sajeetha Praveen

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to dispose of the petition dated 24.11.2021 filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizen Act of 2007.

For Petitioner :

Mr.T.Pazhanivel For Respondents :

Mr.TNC Kaushik for R1 and R2 Additional Government Pleader

O R D E R

Read this order in conjunction with order dated 21.02.2022, that reads as follows:

Mr.TNC Kaushik, learned Additional Government Pleader accepts notice for R1 and R2 and seeks sometime to obtain instructions and file a counter.

2. The petitioner has approached this Court on account of the long delay in disposal of his petition https://hcservices.ecourts.gov.in/hcservices/

for maintenance filed before the 2nd respondent/the Revenue Divisional Officer in terms of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Notice has been issued on 13.01.2022 for enquiry. The next date of hearing is stated to be 06.03.2022.

3. I am at a loss to understand why there is such a long gap between the first and second hearings as the matter is supposed to have been disposed within a period of ninety days from the date of receipt of the complaint and may be extended only for a period of thirty days thereafter. Such delay defeats the purpose of the Act. Let specific instructions be obtained on this aspect of the matter.

4. List on 28.02.2022. Counter by the after service upon the respondents.

2. No acceptable reason is set out explaining the gap between 13.12.2021 and 06.03.2022 and the delay in disposal is deprecated. The respondents are directed to ensure that the complaint of the senior citizen is adjudicated upon and orders passed four (4) weeks from today (28.02.2022), after hearing all the parties.

3. This Writ Petition is disposed as above. No costs. Sd/- Assistant Registrar (CS-IX) //True Copy// Sub Assistant Registrar msv To 1.The District Collector, Thiruvallur, Thiruvallur District 2.The Revenue Divisional Officer, (Senior Citizen and Maintenance Welfare Tribunal), Thiruvallur, Thiruvallur District.

W.P.No.3217 of 2022 RK (CO) PR (31/03/2022) https://hcservices.ecourts.gov.in/hcservices/