Saraswathi v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.8992 of 2022 Saraswathi ..Petitioner Vs.

1.The Chief Secretary to Government, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.

2.The District Collector, Thiruvarur District.

3.The Revenue Divisional Officer, Thiruvarur District.

4.N.Arivazhagan 5.N.Asaithambi

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd Respondent to complete the enquiry on the complaint dated 24.11.2020 filed by the Petitioner in Petition No.3314/2020/A5 on the file of the 3rd Respondent against the Respondents 4 and 5 under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by considering the Petitioner's representation dated 04.08.2021 within the time frame as may be fixed by this Court.

For Petitioner : Mr.S.Senthil For Respondents : Mr.TNC.Kaushik (for R1 to R3) Additional Government Pleader

O R D E R

Mr.TNC.Kaushik, learned Additional Government Pleader accepts notice for the official respondents i.e. R1 to R3 and has received instructions to enable the disposal of the writ petition at this stage. In light of the order that is passed now, no notice is thought necessary to R4 and R5 at this stage. 2.The petitioner has preferred an application on 24.11.2020 seeking maintenance in terms of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He is aggrieved by the delay in disposal of the aforesaid application and seeks a mandamus directing the respondents to dispose the same within the fixed time frame.

3.Mr.Kaushik would state that the delay is on account of pendency of O.S.No.76 of 2020 before the District Munsif Court, Thiruvarur. However, he would also submit that since the application of the petitioner is for maintenance simplicitor, the same will be considered by the authority and disposed, without reference to the pendency of the suit. 4.A direction is thus issued to R3 to dispose the application of the petitioner dated 24.11.2020 within a period of eight (8) weeks from today in accordance with law and all applicable rules and regulations.

5.This writ petition stands disposed. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar vs To 1.The Chief Secretary to Government, State of Tamil Nadu, Fort St. George, Secretariat, Chennai - 600 009.

2.The District Collector, Thiruvarur District.

3.The Revenue Divisional Officer, Thiruvarur District.

+1 CC to Mr.S.Senthil, Advocate sr 25056.

+1 CC to The Government Pleader sr 25331.

W.P. No.8992 of 2022 JPL(CO) SP(22/04/2022)