G.Chidambaram Chettiar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.02.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No. 3457 of 2023 G.Chidambaram Chettiar ... Petitioner ..Vs..

1.

The District Collector Kallakurichi Kallakurichi District.

The Revenue Divisional Officer Office of the Revenue Divisional Officer Kallakurichi Town, Kallakurichi District - 606 213.

... Respondents PRAYER: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the 2nd respondent to forthwith to consider and pass orders on the application of the petitioner dated 02.01.2023 as per the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 after affording a reasonable opportunity to the petitioner.

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For Petitioner :: Mr. K.Selvaraj For Respondent :: Mr. T.Seenivasan Special Government Pleader

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction against the second respondent / Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi Town, Kallakurichi District, to consider and pass orders on the application of the petitioner dated 02.01.2023 in accordance with the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner is a Senior Citizen, aged about 82 years. He has raised grievances against his son and had given a representation in that regard under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to the second respondent/ Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kallakurichi Town, Kallakurichi District . This representation was given on 02.01.2023. 3.

It is contended that the second respondent had received the

same on 05.01.2023. The petitioner had executed a settlement deed in favour of son on 30.03.2011. It had been stated that it was so executed only on the promise made by the son that he would look after the petitioner and would also provide food, shelter, clothing and all medical facilities. Claiming that the petitioner had been denied all facilities and that the son had left him, the above said representation was given to the second respondent.

4.

A direction is given to the second respondent to adhere to the principles of natural justice and pass orders on the representation dated 02.01.2023 within a period of 10 weeks from the date of receipt of a copy of this order.

5.

Both the petitioner and his son should be enquired into and thereafter, a considered order shall be passed. C.V.KARTHIKEYAN, J.,

vsg 6.

Recording as above, the Writ Petition stands disposed of. 21.02.2023 vsg Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To 1.

The District Collector Kallakurichi Kallakurichi District.

The Revenue Divisional Officer Office of the Revenue Divisional Officer Kallakurichi Town, Kallakurichi District - 606 213.

W.P.No. 3457 of 2023