Madras High CourtWP/11987/2021disposed of

S.Swaminathan v. The District Collector

2021-05-19Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.05.2021

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.NOS.11987 OF 2021 AND WMP.NOS.12754 & 12756 OF 2021 1.Mr.S.Swaminathan 2.Mrs.Amirtham ... Petitioners Vs.

1. The District Collector, Tiruppur District, Tiruppur.

2. The District Social Welfare Officer, Tiruppur District, Tiruppur.

3. The Revenue Divisional Officer, Tiruppur District, Tiruppur.

4. The Superintendent of Police, Tiruppur District, Tiruppur.

5. The Inspector of Police, Palladam Police Station, Palladam, Tiruppur District.

6. Mrs.Precilla ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus, to direct the 1st respondent to conduct an enquiry based on the Petitioner's representation dated 29.04.2021 as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 by giving sufficient notices and opportunities to the 6th respondent and conclude the same within a time stipulated by this Court.

For Petitioners : Mr.A.Ilayaperumal For Respondents : Mr.John Raja Singh, Government Advocate

O R D E R

Mr.John Raja Singh, learned Government Advocate accepts notice for R1 to R5 and is armed with instructions to proceed with the matter.

2. The prayer sought by the petitioner is very limited, for a mandamus directing R1, the District Collector to conduct an enquiry based on their representation dated 29.04.2021 bearing in mind the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009.

3. There is absolutely no urgency in this matter at all and this is not a matter that ought to have been filed before this Court during vacation, during which time we are to entertain only matters of urgency. However, since the learned counsel appearing for the respondents would state that the petitioner's representation has been received and he has no objection to the order being passed directing the disposal of the representation, the following order is passed:

There is a direction to the District Collector to conduct an enquiry upon the averments contained in the petitioner's representation after hearing the petitioner as well as R6 or any other parties that may be deemed necessary and pass orders within a period of twelve (12) weeks from today. The hearing may be conducted virtually bearing in mind the ongoing pandemic.

4. This writ petition is disposed in the above terms. Connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ska/rkp