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Madras High CourtWP/8575/2023disposed of

K.Samiyappan v. The District Collector

2023-03-17Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI K.Samiyappan

...Petitioner

vs.

1. The District Collector, Erode, Erode District.

2. The Revenue Divisional Officer, Erode, Erode District.

3. S.Maheshwaran

4. Marappan ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to pass appropriate orders on the basis of the written representation made by the petitioner on 12.05.2022 by invoking under the provisions of Maintenance and Welfare of Parents and Senior Citizenship Act, 2007. For Petitioner : Mr.C.Prakasam For Respondents : Mr.E.Veda Bagath Singh for R1 and R2

ORDER

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This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct second respondent to pass appropriate orders on the petitioner's representation dated 12.05.2022 by invoking the provisions of Maintenance and Welfare of Parents and Senior Citizenship Act, 2007.

2. Since no adverse order is being passed against the third and fourth respondents, notice to the third and fourth respondents is dispensed with.

3. It is the case of the petitioner that his wife namely Sivagami expired in the year 2017. After the demise of said Sivagami, her brother namely Marappan and his family members were maintaining and taking care of the petitioner. Subsequently, a settlement deed was executed by the petitioner in favour of the grand daughters of said Marappan. Since the said Marappan was not looking after the petitioner, the petitioner made a representation before the first respondent, however the same was not considered. While so, the petitioner made another representation before the second respondent on 12.05.2022, as per the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short 'the Act') to take action against the said Marappan and his family members, pursuant to 2/6

which the second respondent forwarded the said representation to the Deputy Superintendent of Police, Perundurai and sent a communication vide proceedings dated 30.08.2022 to the Tahsildar, Modakkurichi. Since the second respondent is duty bound to deal with the matters under the provisions of the Act, the present writ petition has been filed.

4. Learned counsel appearing for the petitioner submits that though the petitioner made a representation before the second respondent on 12.05.2022, the second respondent being the appropriate authority to entertain the matters with regard to the provisions of the Act, forwarded the said representation to the Deputy Superintendent of Police, Perundurai is not sustainable. Hence, this Court may direct the second respondent to consider the petitioner's representation dated 12.05.2022 as per the provisions of the Act within the time frame that may be fixed by this Court.

5. Learned counsel appearing for the respondents 1 and 2 has no objection for the said order being passed.

6. Heard learned counsel appearing on either side and perused the 3/6

materials placed before this Court.

7. Admittedly, the petitioner made a representation before the second respondent, however, the second respondent being the appropriate authority to entertain the matters with regard to the provisions of the Act, forwarded the said representation before the Deputy Superintendent of Police, Perundurai is not sustainable. Hence, this Court is inclined to issue a direction to the second respondent to consider the petitioner's representation dated 12.05.2022, as per the provisions of the Act and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the aggrieved persons if any including the third and fourth respondents within a period of twelve (12) weeks from the date of receipt of a copy of this order.

8. Accordingly, this writ petition is disposed of. No costs. 17.03.2023 RAP Index :

Yes/No Speaking order :

Yes/No To 4/6

1. The District Collector, Erode, Erode District.

2. The Revenue Divisional Officer, Erode, Erode District.

M.DHANDAPANI, J.

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RAP 17.03.2023 6/6