S.Ellammal, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU S.Ellammal ... Petitioner -vs1. The District Collector, Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, Tiruvallur District - 600 062.

2. The Revenue Divisional Officer, Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, Tiruvallur District - 600 062.

3. S.Shanmugam ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose the Petitioner Appeal dated 25.08.2023 in 1264074/N1 pending on the file of the First Respondent.

For Petitioner :

Mr. Y.Kajanavas For Respondents :

Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2) 1/5

O R D E R

Heard Mr. Y.Kajanavas, Learned Counsel for the Petitioner and Mr. S.J.Mohamed Sathik, Learned Government Advocate, who takes notice for the First and Second Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Having regard to the nature of order proposed to be passed in the Writ Petition, which would not cause any prejudice to the Third Respondent, notice to him is dispensed with.

3.

The Writ Petition has been filed for directing the First Respondent to dispose the Appeal No. 1264074/N1 dated 25.08.2023 filed by the Petitioner. 4.

Learned Government Advocate appearing for the First and Second Respondents has produced copy of the Proceedings in Na. Ka. No. 1264074/ 2024/M4 dated 13.03.2024 showing that enquiry on the aforesaid appeal filed by the Petitioner has been fixed at 4.00 p.m. on 18.03.2024, which is placed on record. Learned Counsel for the Petitioner also acknowledges its receipt. 2/5

5.

In such circumstances, it shall be incumbent upon the First Respondent to send due notice to the Petitioner, the Third Respondent and all other persons concerned to attend the hearing on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearing every month showing progress of the case. After affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the First Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court. In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

13.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 03.04.2024.

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To

1. The District Collector, Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, Tiruvallur District - 600 062.

2. The Revenue Divisional Officer, Tribunal under the Maintenance and Welfare of Parents and Senior Citizen Act, Tiruvallur District - 600 062.

Copy to

1. The Registrar (Judicial), Madras High Court, Chennai - 600 104.

2. S.Shanmugam, S/o. Shesayya, No. 1/183, Pillaiyar Koil Street, Kollumedu, Vellanur, Tiruvallur - 600 062.

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P.D. AUDIKESAVALU, J.

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