Madras High CourtWP/15785/2021disposed of

Mr.A.Jayendran v. Revenue Divisional Officer

2021-07-29Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Writ Petition No.15785 of 2021 A.Jayendran ..Petitioner

Versus

1. Revenue Divisional Officer Collector Office, Singaravelar Maligai Chennai-600 001.

2. Manjula

3. J.Suresh

4. J.Ramesh

5. Shanthi

6. Sumathi ..Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of the application dated 09.10.2020 submitted under Rule 3 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act and Rule of 2009 within the time frame fixed by this Court.

For Petitioner :

Mr.L.Dhamodaran For R1 :

Mr.G.Krishnaraja Government Counsel

ORDER

Mr.G.Krishnaraja, learned Government Advocate takes notice for the 1st respondent. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2. This writ petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to dispose of the application dated 09.10.2020 submitted by the petitioner under Rule 3 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act and Rule, 2009, within a time frame to be fixed by this Court.

3. According to the petitioner, the 2nd respondent is his wife, the respondents 3 and 4 are his sons and the respondents 5 and 6 are his daughters. The petitioner was doing fishing business and out of his hard earned business, he purchased various movable and immovable properties. It is contended by the https://hcservices.ecourts.gov.in/hcservices/

petitioner that the respondents 3 and 4, who are his sons, have indulged in misappropriation of the money he earned out of his business besides acting prejudicial to his interest. Therefore, the petitioner has submitted an application on 09.10.2020 under Rule 3 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 for initiating appropriate action against the third and fourth respondents. However, the said application has not been acted upon. Hence, this writ petition.

4. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues a direction to the first respondent to consider the petitioner's application dated 09.10.2020 and to pass orders thereon, within a reasonable time to be fixed by this Court.

5. The learned Government Counsel appearing for the first respondent has no objection to such a relief sought for by the counsel for the petitioner.

6. Considering the limited relief sought for in this writ petition, without expressing any opinion on merits, this Court directs the first respondent to consider the application submitted by the petitioner on 09.10.2020 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and the respondents 2 to 6 herein, within a period of eight weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar kj/rsh To The Revenue Divisional Officer Collector Office, Singaravelar Maligai Chennai-600 001.

+1cc to Mr.L.Dhamodharan, Advocate, S.R.No.36817 +1cc to the Government Pleader, S.R.No.37402 WP No. 15785 of 2021 GPL(CO) RGA(17/09/2021) https://hcservices.ecourts.gov.in/hcservices/