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Madras High CourtWP/17342/2024disposed of

C.Kattayan v. The District Social Welfare Officer

2024-07-03Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P.No.17342 of 2024 and W.M.P.No.19120 of 2024

1. C. Kattayan

2. Rajammal .. Petitioners

Versus

1. The District Social Welfare Officer Office of District Collectorate C Block, 4th Floor, Ranipet District.

2. The Revenue Divisional Officer Ranipet District, Ranipet.

3. The sub Registrar Arcot SRO, Ranipet District.

4. Ravi

5. Raja

...Respondents

Prayer: This petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the second respondent herein to pass orders on merits pursuant to the representation given by 1/6

the petitioners on 21.02.2024 under the Senior citizen Act within a stipulated period of time prescribed by this Court and pass orders. For Petitioner : Mr.R. Sunil Kumar For Respondent-1 : Mr.M. Venkateswaran Special Government Pleader For Respondents 2 and 3 : Mr.P. Gurunathan, Additional Government Pleader

ORDER

This petition is filed to seeking a direction directing the second respondent to dispose the petitioner's complaint dated 21.02.2024 pending on his file and pass orders.

2. By consent of both the parties, this writ petition is taken up for disposal at the admission stage itself.

3.The facts of the case is that the first petitioner has settled his property to his two sons who are the fourth and fifth respondents herein vide Document bearing Nos.9572 of 2012 and 9573 of 2012 respectively. After obtaining the properties the petitioners were not taken care by their 2/6

sons and they are suffering from age-related ailments. Due to which the petitioners made a complaint before the first respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to cancel the settlement deed executed by the petitioners. The grievance of the petitioners are that the enquiry was completed but orders has not been passed till date. Hence, this petition.

4. The learned counsel appearing for the petitioners submitted that the first petitioner is 86 years old and the second petitioner is 79 years old and the first petitioner is a paralysis affected person and the second petitioner is suffering due to the age-related ailments. He further submitted that their sons who are the beneficiaries to the properties and not taking care of the petitioners. Hence, prays to allow this petition.

5. The learned Special Government Pleader appearing for the First respondent submitted that they will prioritize the case of the petitioners as the petitioners are senior citizens and will take action in the manner known to law as early as possible 3/6

6. For the foregoing reasons, this Court without expressing any opinion on the merits of the case directs the first respondent to consider the petitioner's complaint dated 21.02.2024 and pass orders within a period of three months from the date of receipt of a copy of this order.

7. With the aforesaid direction, this writ petition is disposed of. No order as to costs. Consequently the connected miscellaneous petition is closed.

03.07.2024 Speaking order : Yes/No Index : Yes/No smn To

1. The District Social Welfare Officer Office of District Collectorate C Block, 4th Floor, Ranipet District.

2. The Revenue Divisional Officer Ranipet District, Ranipet.

3. The sub Registrar Arcot SRO, Ranipet District.

4/6

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V.BHAVANI SUBBAROYAN, J.

smn W.P.No.17342 of 2024 and W.M.P.No.19120 of 2024 03.07.2024 6/6