Madras High CourtWP/23144/2021disposed of

Veerathal v. The Revenue Divisional Officer

2021-10-28Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2021

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. No. 23144 of 2021 Veerathal ..Petitioner

Versus

The Revenue Divisional Officer Udumalpet Tiruppur District ..Respondent Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider the petitioner's application and representation dated 13.07.2020 and 03.09.2020 respectively within a time frame as fixed by this Hon'ble Court.

For Petitioner :

Mr. D.R. Arun Kumar For Respondents :

Mr. Stalin Abhimanyu Government Counsel

ORDER

The petitioner has come up with this writ petition praying to issue a Writ of Mandamus, directing the respondent to consider her application dated 13.07.2020 followed by a representation dated 03.09.2020 within a time to be specified by this Court.

2.According to the petitioner, she owns a residential house in plot No.318/B2A2, Thenpoothinatham, Udumalpet Taluk, Tiruppur District. She has two sons and three daughters, out of which, her two sons namely one Chinnasamy and Krishnasamy with a malafide intention to grab her property, had driven her out of the said house. Thereafter, one of her daughters namely Ms. Parvathamani, with great difficulty and hardship, is taking care of her. Therefore, the petitioner submitted an application to the respondent on 13.07.2020 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking to direct her sons to pay maintenance and to recover the possession of the property owned by her. However, the said application was not considered, which compelled her to send a representation dated 03.09.2020. Upon receipt of the same, the respondent directed https://hcservices.ecourts.gov.in/hcservices/

the petitioner to appear for an enquiry on 19.10.2020. Accordingly, the petitioner appeared in person and submitted documentary evidence in support of her claim, but, till date, no order was passed by the respondent. Hence, this writ petition. 3.Heard both sides. Considering the facts and circumstances of this case, this court, without expressing any opinion on the merits of the case, directs the respondent to consider the petitioner's representation dated 03.09.2020 and pass appropriate orders, on her application filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as any other interested parties, within a period of four weeks from the date of receipt of a copy of this order.

4.Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar dhk/rsh To The Revenue Divisional Officer Udumalpet, Tiruppur District +1cc to Mr.D.R.Arunkumar, Advocate, S.R.No.55758 +1cc to the Government Pleader, S.R.No.56246 WP No. 23144 of 2021 SVI(CO) RGA(24/11/2021) https://hcservices.ecourts.gov.in/hcservices/