Ezhil Valavan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.4248 of 2022 & W.M.P.No.4388 of 2022 Ezhil Valavan.

...Petitioner

Vs.

1.The District Collector, Kallakurichi, Kallakurichi District.

2. The District Revenue Officer cum First Class Executive Magistrate, Kallakurichi Kallakurichi District.

3. Mrs. Chellam, W/o. Kasinathan, Main Road, Orasapattu Village, Sankarapuram Taluk, Kallkurichi District.

...Respondents

Prayer: Writ Petitions filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to register the Petitioner's Appeal dated 31.01.2022 against the order dated 14.12.2021 in proceedings in Na.Ka.A6/1575/2021 on the file of the 2nd respondent and give acknowledgment to the petitioner specifying the appeal number and the next date of hearing in accordance with Rule 17 and Form J as per Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Tamil Nadu Maintenance and Welfare of Parents and Senior Citizen Rules.

For Petitioner : Mr.R.Rajarajan For Respondents: Mr.TNC.Kaushik Government Advocate for R1 & R2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The prayer sought for by the petitioner is not liable to be granted in view of the decision taken by the First Bench of this Court in the case of K. Raju Vs. Union of India and Others, W.P.No.29988 of 2019 on 19.02.2021 to the effect that under Section 16 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 only a senior citizen would have the locus standi to challenge an order of the Revenue Divisional Officer by way of statutory appeal.

2. In view of the above aforesaid decision this petition is dismissed. Consequently connected miscellaneous petition is closed. There shall be no order as to costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar nst/ska To 1.The District Collector, Kallakurichi, Kallakurichi District.

2. The District Revenue Officer cum First Class Executive Magistrate, Kallakurichi Kallakurichi District.

+1cc to Mr.R.Rajarajan, Advocate SR.No.12901 +1cc to Government Pleader SR.No.13017 W.P.No.4248 of 2022 & W.M.P.No.4388 of 2022 SV(CO) GMY(11/03/2022) https://hcservices.ecourts.gov.in/hcservices/