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Madras High CourtWP/8159/2015disposed of

A.Santhamani, v. The District Collector,

2021-06-16Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No. 8159 of 2015 and M.P.Nos.1 & 2 of 2015 A.Santhamani ... Petitioner Vs.

1. The District Collector, Namakkal, (The Appellate Tribunal under The Maintenance & Welfare of Parents and Senior Citizens Act) Namakkal.

2. The Deputy Collector, (Revenue Divisional Officer), Namakkal, (The Tribunal under The Maintenance & Welfare of Parents and Senior Citizens Act) Namakkal.

3. The Superintendent of Police, Namakkal.

4. The Deputy Superintendent of Police, Rasipuram, Namakkal District,

5. The Social Welfare Officer, Namakkal.

6. The Inspector of Police, Rasipuram Police Station, Namakkal District,

7. The Inspector of Police, Rasipuram, All Women Police Station, Namakkal District.

8. A.Sharmila

9. Vimalrghavan

10. V.Arunachalam ... Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the Respondents 1 to 7 herein to take appropriate action on the Complaints/Petitions/representations of the Petitioner dated 27.11.2014 and 19.12.2014, addressed to the Respondents 1 to 7 herein and to proceed against the Respondents 8 and 9 in

accordance with law, viz., "The Maintenance & Welfare of Parents and Senior Citizens Act (56/2007)" and consequently direct the 2nd Respondent to declare the said clause and recital of the Settlement deed bearing Document No.2915 of 2008 dated 16.06.2008 regarding the title in respect of the 8th Respondent Sharmila as null and void as per Section 23 of "The Maintenance and Welfare of Parents and Senior Citizens Act (56 of 2007)" and forbear the 8th and 9th Respondent from entering the premise and disturbing the Petitioner in any manner at Door No.14-A/7, Varudhan Street near Perumal Temple, Rasipuram, Namakkal District, wherein the Petitioner is living.

For Petitioner :

No appearance For R1 - R7 :

Mr. G.Krishnaraja, GA

O R D E R

There is no representation for the petitioner as well as the respondents 8 to 10.

2.The prayer made in this writ petition is to direct the respondents 1 to 7 to take appropriate action on the petitioner's Complaints/Petitions/ representations dated 27.11.2014 and 19.12.2014 and to proceed against the respondents 8 and 9, in accordance with the provisions of the Maintenance & Welfare of Parents and Senior Citizens Act, who, according to the petitioner, are entering into her premises at Door No.14A/7, Varudhan Street, Rasipuram, Namakkal District and causing disturbance to her peaceful living.

3. Today, when the matter was taken up for consideration, the learned Government Advocate for the respondents 1 to 7 submitted that the relief sought for herein relating to Maintenance and Welfare of Parents and Senior Citizens Act and hence, the respondent authorities would pass appropriate orders on the petitioner's representations dated 27.11.2014 and 19.12.2014, after proper consideration of the same. 4.In view of the aforesaid submission made by the learned Government Advocate for the respondent authorities, this writ petition stands disposed of granting six weeks time to the respondents for proper consideration of the petitioner's representations and pass appropriate orders after granting sufficient opportunities to the petitioner as well as the respondents 8, 9 and 10. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

av To

1. The District Collector, Namakkal, (The Appellate Tribunal under The Maintenance & Welfare of Parents and Senior Citizens Act) Namakkal.

2. The Deputy Collector, (Revenue Divisional Officer), Namakkal, (The Tribunal under The Maintenance & Welfare of Parents and Senior Citizens Act) Namakkal.

3. The Superintendent of Police, Namakkal,

4. The Deputy Superintendent of Police, Rasipuram, Namakkal District,

5. The Social Welfare Officer, Namakkal,

6. The Inspector of Police, Rasipuram Police Station, Namakkal District,

7. The Inspector of Police, Rasipuram All Women Police Station, Namakkal District.

+1 cc to Government Pleader Sr.No. 28138 W.P. No. 8159 of 2015 GPL (CO) B.VC(23.07.2021)