J.Jayalakshmi v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5530 of 2020 J.Jayalakshmi W/o.Late M.Jayaraman

...Petitioner

Vs.

1.The Revenue Divisional Officer G.S.T. Road Tambaram, Chennai-600 045.

2.The District Collector Kancheepuram District Collectorate Campus Kancheepuram.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to dispose of my application dated 06.01.2020 bearing DR.No.61 on 08.01.2020 under Section 23(1) and 23(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on the file of the first respondent within a time frame.

For Petitioner :

Mr.B.Deepak Narayanan For Respondents:

Mr.Y.Parthasarathy Government Advocate

O R D E R

Mr.Y.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the first respondent to dispose of her application dated 06.01.2020, bearing D.R.No.61 under Sections 23 (1) and 23(2) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

3. It is seen that the petitioner is having grievance against her children in not maintaining her properly. Therefore, she approached the first respondent and filed the above application. As the first respondent has not taken any https://hcservices.ecourts.gov.in/hcservices/

steps so far, the petitioner approached this Court and filed the present writ petition.

4. This Court, at this stage, is not expressing any view on the merits of the allegations and the claim made by the petitioner, as it is for the first respondent to consider and decide the same after hearing all the parties. Accordingly, this Writ Petition is disposed of, only with a direction to the first respondent to consider the application dated 06.01.2020 filed by the petitioner and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and her children, who are named as the respondents in the above application. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mk To 1.The Revenue Divisional Officer G.S.T. Road Tambaram, Chennai-600 045.

2.The District Collector Kancheepuram District Collectorate Campus Kancheepuram.

+1cc to Mr.B.Deepak Narayanan, Counsel for Appellant SR.No.2018 W.P.No.5530 of 2020 NR(CO) GMY(22/05/2020) https://hcservices.ecourts.gov.in/hcservices/