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Madras High CourtWP/16038/2015disposed of

M.R.Devan, v. The Maintenance And

2015-06-08Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 08.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.16038 of 2015 1 M.R.Devan 2 D.Sakunthala Devan .. Petitioners

Versus

1 The Maintenance and Welfare of Parents Appellate Tribunal and District Collector Krishnagiri District Krishnagiri.

2 The Sub Divisional Maintenance Tribunal and Revenue Divisional Officer Krishnagiri District Krishnagiri.

3 Veeramani .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 1st respondent to dispose of the appeal filed by the petitioners dated 09.05.2014 against the order dated 10.03.2014 made in Na.Ka.No. 5099/2013/F passed by the 2nd respondent forthwith.

For Petitioners : Mr.C.Prabakaran For Respondents : Mr.S.Pattabiraman (for R1 & R2) Government Advocate

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioners being the parents of the 3rd respondent, filed an application under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the 2nd respondent praying for maintenance and also for cancellation of the registered settlement deed dated 07.03.2008 and the said petition was partly allowed by awarding maintenance. The petitioners aggrieved by the order, negativing the prayer for cancellation of the settlement deed, approached the 1st respondent/appellate authority by means of an appeal dated 09.05.2014 and since, it has not been disposed of, came forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

3. Heard the submissions of Mr.C.Prabakaran, learned counsel appearing for the petitioners and Mr.S.Pattabiraman, learned Government Advocate, who accepts notice for the respondents.

4. This Court, taking into consideration the limited scope of the prayer sought for by the petitioners and without going into the merits of the claim projected by the petitioners, directs the 1st respondent to consider the appeal petition dated 09.05.2014, preferred by the petitioners, on merits and in accordance with law, after putting on notice, the 3rd respondent and pass orders as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the 3rd respondent.

5. The writ petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1 The Maintenance and Welfare of Parents Appellate Tribunal and District Collector Krishnagiri District Krishnagiri.

2 The Sub Divisional Maintenance Tribunal and Revenue Divisional Officer Krishnagiri District Krishnagiri.

+1 cc to Government Pleader,SR.27441.

Sv(co) krd 22/6 W.P.No.16038 of 2015 https://hcservices.ecourts.gov.in/hcservices/