Madras High CourtWP/17168/2021disposed of

N.Rosiya Selvi v. The Secretary To Government

2021-08-17Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.17168 of 2021 N.Rosiya Selvi

...Petitioner

1. The Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

2. The District Collector, Singaravelar Maligai, Chennai - 600 001.

3. The Commissioner of Police, Chennai Metro City, Veppery, Chennai - 600 007.

4. The Revenue Divisional Officer, Perambur Division, Chennai - 600 011.

5. The Tahsildar, Perambur Taluk, Chennai - 600 011.

6. The Inspector of Police, P-2, Otteri Police Station, Chennai - 600 012.

7. Rajesh

8. Murugan

9. Yaswanth

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the fourth respondent to consider the petitioner representation dated 07.07.2021, and consequently direct the fourth respondent to guaranteed the petitioner's family members life liberty, property right under Section 22 of Senior citizenship Act - 2007, against the 7 to 9th respondents.

For Petitioner : Mr.T.V.G.Kartheeban For R1 to R6 : Mr.Stalin Abhimanyu, Government Counsel

O R D E R

The relief sought for in this writ petition is to direct the fourth respondent to consider the petitioner's representation dated 07.07.2021 and to protect the petitioner and her family members' life, liberty, property and right from the respondents 7 to 9.

2.According to the learned counsel for the petitioner, the petitioner is living along with her husband in the Vasanthavihar Flat, Otteri, Chennai. Though she has been paying Rs.700/- per month towards maintenance charges to the seventh respondent, no basic needs, such as, water, electricity, lift, etc. in respect of the apartments have been provided in a fair manner and the seventh respondent indulged in corrupt activities. When the same was questioned by the petitioner, the seventh respondent in collusion with the respondents 8 and 9 started harassing her by disconnecting water and electricity service connection, etc. In this regard, the petitioner lodged a complaint before the sixth respondent against the seventh respondent.

Even thereafter, the respondents 7 to 9 have continuously indulged in such illegal activities, so as to threaten the petitioner to vacate the flat. Feeling aggrieved, the petitioner made a representation dated 07.07.2021 to the fourth respondent seeking protection under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the same is kept pending without any action. Therefore, this writ petition.

3.On the other hand, the learned Government counsel appearing for the respondents fairly submitted that the fourth respondent would consider the claim of the petitioner and pass orders, on merits within a time frame to be fixed by this Court. 4.Having regard to the limited relief sought in this writ petition, this Court directs the fourth respondent to consider the petitioner's representation dated 07.07.2021 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 respondents 7 to 9. Such an exercise shall be completed within a period six weeks from the date of receipt of a copy of this order.

5.This Writ Petition is disposed of with the above direction. No costs.

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