K.Murugesan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.07.2024

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN K.Murugesan

...Petitioner

Vs

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Sub-Collector, Cheyyar, Thiruvannamalai District.

3.J.Sakthivel

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to conduct an enquiry on the petitioner representation dated 20.11.2023 submitted under section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act-2007.

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For Petitioner : Mr.P.Murali For Respondents : Mr.A.M.Ayyadurai for R1 and R2 Government Advocate

ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to consider the petitioner's representation dated 20.11.2023.

2. In view of the consent expressed by the learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is aged about 68 years had executed a settlement deed dated 08.06.2023 to her grandson (daughter's son), third respondent herein on the promise that he will take care of him and will spend for medical expenses. But the fact remains that the third respondent failed to take care of the petitioner and neglecting to talk with the petitioner. Hence the petitioner made a representation dated 20.11.2023 to the first respondent who in turn 2/5

forwarded the same to the second respondent and the second respondent sent notice on 30.11.2023 for enquiry. However, till date there was no orders was passed in the petitioner's representation. Hence this petition.

4. The learned counsel for the petitioner submitted that it would be suffice if this Court issues a direction to the first and second respondents to consider the petitioner's representation dated 20.11.2023 and pass orders.

5. The learned standing counsel appearing for the respondents submitted that they will consider the case of the petitioner and take action in the manner known to law.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, directs the second respondent to consider the petitioner's representation dated 20.11.2023 and pass orders on merits and in accordance with law within a period of twelve(12) weeks from the date of receipt of a copy of this order.

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7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

09.07.2024 Index:Yes/No Speaking order/Non-speaking order msv To

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Sub-Collector, Cheyyar, Thiruvannamalai District.

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V.BHAVANI SUBBAROYAN,J.

msv 09.07.2024 5/5