M.Natarajan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 24.04.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Natarajan ... Petitioner Vs 1.The District Collector, Coimbatore District, Coimbatore.
2.The Divisional Revenue Officer, cum Maintenance and Welfare of Parents and Senior Citizens Tribunal, Coimbatore North Division, Coimbatore.
3.Anandakumar,
4. Bagyalakshmi
5. Padmavathy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ or Order or Direction, more in the nature of a Writ of Mandamus to direct the first and second respondents herein to implement the order in Pa.Mu.No.3312/2021/A1, dated 31.01.2023 passed by the second Page No:1/6
respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
For Petitioner ... Mr.K.Magesh For Respondents ... Mr.E.Veda Bagath Singh, Special Government Pleader for R1 & R2
O R D E R
This Writ Petition has been filed for a direction to Respondents 1 & 2 to implement the order dated 31.01.2023 which was passed by the 2nd respondent.
2. Mr.E.Veda Bagath Singh, learned Special Government Pleader takes notice for Respondents 1 & 2.
3. The petitioner who is the senior citizen has filed the petition under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 to the 2nd respondent who issued notice for enquiry on 22.07.2022. After completion of enquiry, the 2nd respondent has passed an order directing respondents 3 & 5 to pay 3,000/- each to the petitioner and his wife towards maintenance. It was Page No:2/6
further directed to give one portion in the ground floor for his residential purpose. The said order has attained finality as no appeal has been filed. Alleging non-compliance of the aforesaid order by the respondents 3 & 5, the petitioner has sent a representation dated 31.03.2023 to the 2nd respondent to take necessary action as against the respondents 3 & 5. The said representation did not yield any response. Hence, the petitioner has filed the present Writ Petition for a direction to the 1st respondent to implement the order passed by the 2nd respondent.
4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation made on 31.03.2023 seeking seeking to implement the order passed by the 2nd respondent on 31.01.2023.
5. On the above contention, this Court heard the learned Special Government Pleader appearing for the respondents. Page No:3/6
6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the 2nd respondent herein to consider the petitioner's representation dated 31.03.2023 made seeking to implement the order of the 2nd respondent dated 31.01.2023 and pass appropriate orders on merits within a period of four weeks from the date of receipt of a copy of this order, if there is no legal impediment.
7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.
24.04.2023 NHS Index:Yes/No Internet:Yes Page No:4/6
To 1.The District Collector, Coimbatore District, Coimbatore.
2.The Divisional Revenue Officer, cum Maintenance and Welfare of Parents and Senior Citizens Tribunal, Coimbatore North Division, Coimbatore.
Page No:5/6
M.DHANDAPANI, J NHS 24.04.2023 Page No:6/6