Sundari Varadhan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sundari Varadhan ... Petitioner Vs.
1.The District Collector, The Office of District Collector, No.62, 4th Floor, Singaravelar Maligai, Rajaji Salai, Chennai District 2.Pavan Kumar 3.Suguna ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a writ of mandamus directing the first respondent to take action based on his proceedings No.1936/A1/2021 dated 19.10.2022 and punish the second the third respondents by considering the petitioner's representation dated 20.02.2024. For Petitioner : Mr.M.Rakhi For Respondents For R1 : Mr.M.S.Arasa Kumar, Government Advocate 1/7
For R3 : Mr.K.Muthamil Raja For R2 : No appearance
ORDER
This writ petition has been filed for direction to the first respondent to take appropriate action as against the second and third respondents pursuant to the order passed by the first respondent dated 19.10.2022 thereby ordered monthly maintenance payable by the second and third respondents to the petitioner.
2.
The learned counsel appearing for the petitioner would submit that both respondents 2 & 3 are not paying any maintenance as ordered by the first respondent. The petitioner is aged about 75 years and she is even struggling for her day to day livelihood. On the assurance made by the second respondent, the resident place was sold out and he purchased three bed room flat in his name. Now the second respondent has refused to maintain the petitioner.
3.
The learned counsel appearing for the third respondent 2/7
would submit that as directed by the first respondent, the third respondent is continuously paying monthly maintenance of Rs.3,000/- per month and she also assured that she will pay monthly maintenance as directed by the first respondent in future without fail. 4.
Though notice was issued to the second respondent and directed the jurisdictional police to verify whether the second respondent is residing there or not, on instruction it is submitted that no such person is available in the said address.
5.
The learned counsel appearing for the third respondent would submit that the second respondent was driven out from his house by his wife.
6.
In view of the above submission, the first respondent is directed to issue notice to the second respondent and take appropriate action as against the second respondent for non compliance of the order passed by the first respondent in the manner known to law within a period of eight weeks from the date of receipt of copy of this order. 3/7
7.
With the above direction, this writ petition is disposed of. There shall be no order as to costs.
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To The District Collector, The Office of District Collector, No.62, 4th Floor, Singaravelar Maligai, Rajaji Salai, Chennai District 5/7
G.K.ILANTHIRAIYAN, J.
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