T.Hamsa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.5482 of 2022 T.Hamsa

...Petitioner

Vs 1.The District Collector, Office of the District Collector, Thiruvallur Town and District.

2.The Tahsildar, Avadi Taluk, Thiruvallur District.

3.The District Revenue Officer, Office of the District Collector, Thiruvallur Town and District.

4.The Sub-Registrar, Office of the Sub-Registrar, Madhavaram Taluk, Ambattur, Chennai.

5.Suresh 6.Dinesh Kumar

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 01.11.2021 by invoking Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to conduct an enquiry in accordance with law.

For Petitioner :

Mr.G.Ilamurugu For Respondents :

Mr.Vadivelu Deenadayalan, Additional Government Pleader [R1 to R4]

O R D E R

Mr.Vadivelu Deenadayalan, learned Additional Government Pleader accepts notice for the official respondents, i.e., R1 to R4 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, at this juncture, to the private respondents. Hence, by consent of learned counsel for the petitioner and the learned Additional Government Pleader, this writ petition is disposed finally even at the stage of admission.

2. The petitioner seeks a mandamus directing the official respondents to consider her representation dated 01.11.2021 filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short 'Act'), conduct an enquiry and pass appropriate orders.

3.Since the representation is itself dated 01.11.2021, which should have been considered and disposed within a period of ninety (90) days from date of receipt thereof in terms of the Scheme of the Act, evidently, there is a delay in this matter. 4.Mr.Vadivelu submits that though the competent authority to dispose the application is the third respondent/District Revenue Officer, the representation appears to have been forwarded erroneously to the Tahsildar for action. He, however, answers the Court that the authority, the third respondent/District Revenue Officer propose to conduct enquiry and conclude the same expeditiously.

5. Let the petitioner's application be forwarded to the third respondent within one week from today notwithstanding that the petitioner has marked a copy of application dated 01.11.2021 to the District Revenue Officer as well even at the first instance.

6.The District Revenue Officer will thereafter issue notice to the petitioner as well as private respondents and conclude the proceedings within a period of eight (8) weeks from today, in accordance with law.

7.This Writ Petition stands disposed as above. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar sl/kbs

To 1.The District Collector, Office of the District Collector, Thiruvallur Town and District.

2.The Tahsildar, Avadi Taluk, Thiruvallur District.

3.The District Revenue Officer, Office of the District Collector, Thiruvallur Town and District.

4.The Sub-Registrar, Office of the Sub-Registrar, Madhavaram Taluk, Ambattur, Chennai.

+1cc to Mr.G.Ilamurugu, Advocate Sr.No.16766 +1cc to the Government Pleader Sr.No.17005 W.P.No.5482 of 2022 MG(CO) RVM(30/03/2022)