Gopal Udaiyar v. Appellate Tribunal/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2022

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.17138 of 2022 Gopal Udaiyar

...Petitioner

vs.

1. Appellate Tribunal / The District Collector, Thiruvannamalai, Thiruvannamalai District.

2. The Revenue Divisional Officer, Thiruvannamalai Revenue Division, Thiruvannamalai.

3. Chakravarthy

4. Sulochana

5. Vijaya

6. Suresh

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the 1st respondent to consider and dispose the appeal dated 09.05.2022 made by the petitioner within stipulated period in accordance with provision of section 16(6) of the Maintenance of Welfare of Parents and Senior Citizen Act (56) of 2007. For petitioner : Mr.P.Veeraraghavan For respondents : Mr.K.H.Ravikumar Government Advocate for R1 & R2

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. Mr.K.H. Ravikumar, learned Government Advocate accepts notice for the respondents 1 and 2.

3. This writ petition has been filed for a Mandamus seeking for a limited relief.

4. Heard Mr.P. Veeraraghavan, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned Government Advocate for the respondents 1 and 2. Since no adverse orders are passed by this Court, notice to the respondents 3 to 6 are dispensed with.

5. The petitioner is a Senior Citizen and he has filed a statutory appeal before the first respondent, aggrieved by the order passed by the second respondent under which his application was rejected. The statutory appeal was filed on 09.05.2022. The petitioner seeks for early disposal of the said statutory appeal. No prejudice would be caused to the respondents, if the petitioner's statutory appeal is disposed of by the first respondent, within a time frame to be fixed by this Court after affording a fair hearing to the petitioner as well as the respondents 3 to 6, who are the petitioner's children.

6. For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's statutory appeal dated 09.05.2022 filed under Section 16(6) of the Maintenance of Welfare of Parents and Senior Citizen Act (56) of 2007, within a period of three months from the date of receipt of a copy of this order after affording a fair hearing to the petitioner as well as the respondents 3 to 6.

7. With the aforesaid direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar vsi2 To

1. The District Collector, Appellate Tribunal / Thiruvannamalai, Thiruvannamalai District.

2. The Revenue Divisional Officer, Thiruvannamalai Revenue Division, Thiruvannamalai.

+1cc to the Government Pleader, S.R.No.45107 W.P.No.17138 of 2022 PM(CO) UMA(26/07/2022)