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Madras High CourtWP/18121/2023disposed of

A.Sivasubramanian v. The District Collector

2023-06-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Mr.A.Sivasubramanian ... Petitioner Vs.

1. The District Collector, Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Nagapattinam District, Nagapattinam.

2. Mrs.Suganya ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to protect the petitioner and his property and ensure that he is able to live his life with security and dignity as per Section 20 of the Maintenance of Parents and Senior Citizens Rules 2009 in pursuance of the representation dated 19.04.2023.

For Petitioner :

Mr.Mythili Srinivas For R1 :

Mr.E.Veda Bagath Singh,SGP

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 1st respondent to protect the petitioner and his property and ensure 1/4

that he is able to live his life with security and dignity as per Section 20 of the Maintenance of Parents and Senior Citizens Rules 2009 in pursuance with the representation dated 19.04.2023.

2. Since no adverse order is being passed against the second respondent, notice to the second respondent is dispensed with.

3. It is the case of the petitioner that the petitioner's son got married with the second respondent. Off late they developed misunderstanding, resulting the second respondent to go back to her parents house. On 17.04.2023, the second respondent picked up quarrel with the petitioner and threatened to forcibly occupy the petitioner's house and also that the petitioner is responsible to maintain the second respondent. Due to the said act, the petitioner made a representation dated 19.04.2023 before the first respondent seeking protection and security for his life under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Since the same was not considered, the present writ petition has been filed.

4. Though very many grounds have been raised in the above writ petition, 2/4

learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 19.04.2023 and pass appropriate orders within the time frame that may be fixed by this Court.

5. On the above contentions heard learned counsel appearing for the respondents and perused the materials placed on record.

6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the first respondent to consider the petitioner's representation dated 19.04.2023 and pass appropriate orders on merits and in accordance with law after affording an opportunity of personal hearing to the petitioner as well as the second respondent within a period of twelve (12) weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petittion is disposed of. No costs. 21.06.2023 (rap) Index : Yes / No Speaking order / Nonspeaking order 3/4

M.DHANDAPANI, J.

rap To The District Collector, Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Nagapattinam District, Nagapattinam.

21.06.2023 4/4