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Madras High CourtWP/17772/2022disposed of

Nagarajan v. Revenue Divisional Officer (Tribunal)

2022-07-13Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Nagarajan ... Petitioner vs.

1.Revenue Divisional Officer (Tribunal), Tiruvallur District, Master Plan Complex, Thiruvallur - 602 001.

2.Swetha

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India for writ of Mandamus directing the second respondent to complete the enquiry based on the petition filed under section 23(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 dated 07.09.2021 within a time frame to be fixed by this Court.

For Petitioner : Mr.K.Thenrajan For Respondent 1 : Mr.T.Seenivasan Special Government Pleader 1/6

ORDER

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

2. Mr.T.Seenivasan, learned Special Government Pleader accepts notice on behalf of the first respondent. Since no adverse orders are going to be passed against the second respondent, notice to the second respondent is dispensed with.

3. By consent of both parties, this writ petition is taken up for final disposal in the admission stage itself.

4. Heard Mr.K.Thenrajan, learned counsel for the petitioner and Mr.T.Seenivasan, learned Special Government Pleader appearing for the first respondent.

5. The petitioner seeks for early disposal of an application filed by him under section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the second respondent. The petitioner is a senior citizen and he has filed the aforementioned application on 07.09.2021 2/6

against the second respondent who is his daughter-in-law. According to the petitioner, the second respondent has illegally taken possession of the petitioner's property. It is also contended by the petitioner that his son has already initiated a divorce proceeding against the second respondent which is still pending.

6. No prejudice would be caused to the respondents, if the petitioner's application dated 07.09.2021 filed under section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is disposed of expeditiously within a time frame to be fixed by this Court after affording a fair hearing to the petitioner and the second respondent.

7. For the foregoing reasons, this Court directs the first respondent to pass final orders on the petitioner's application dated 07.09.2021 filed under section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within a period of twelve weeks from the date of receipt of a copy of this Order after affording a fair hearing to the petitioner and the second respondent including granting them the right of personal hearing.

8. With the aforesaid direction, this writ petition is disposed of. No 3/6

costs.

13.07.2022 nl Index:Yes/No Internet:Yes/No Speaking/Non-speaking orders 4/6

To Revenue Divisional Officer (Tribunal), Tiruvallur District, Master Plan Complex, Thiruvallur - 602 001.

ABDUL QUDDHOSE, J.

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