S.Munusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 24768 of 2019 S. Munusamy ... Petitioner -vs1. The District Collector Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Poonamallee Revenue Division, Poonamallee, Thiruvallur District.

3. The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

4. The Inspector of Police, Pattabiram Police Station, Thiruvallur District.

5. Vijaya @ Vijayalakshmi

6. Manisha Priyardharshini

7. V.Kumar ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to conduct an enquiry based on the Petitioner's application dated 31.07.2017 by giving sufficient notices as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and opportunities to the Respondents 5 to 7 and conclude the same within a time stipulated by this Court.

For Petitioner :

Mr. A. Ilayaperumal For Respondents:

Mr. R. Venkatesh Government Advocate for R1 to R4.

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O R D E R

Heard Mr. Ilayaperumal, Learned Counsel appearing for the Petitioner and Mr. R. Venkatesh, Government Advocate, appearing for the First to Fourth Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

The Writ Petition has been filed for a the First Respondent to conduct an enquiry based on the application dated 31.07.2017 made by the Petitioner, by giving sufficient notices as per the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, and opportunities to the Fifth to Seventh Respondents and conclude the same within a time stipulated by this Court.

3.

It is informed by the Learned Government Advocate appearing for the First to Fourth Respondents that the enquiry has been fixed on the application dated 31.07.2017 made by the Petitioner before the Second Respondent on 27.11.2019 and that the notices to the concerned parties would be issued well in advance before the next hearing.

4.

Having regard to the aforesaid submission made, the parties shall appear before the Second Respondent on the said date for enquiry and on the subsequent dates to which the matter is adjourned. It shall be ensured by the Second Respondent that there is atleast one effective hearing every week showing progress of the case. After affording full opportunity of hearing to all parties concerned, it shall be ensured that each of the contentions raised by them are duly considered and reasoned orders are passed on merits and in accordance with law and the decision taken is communicated to them under written acknowledgment and report of the compliance in that regard is filed before the Registrar (Judicial) of this Court by 28.02.2020.

5.

The Writ Petition is disposed on the aforesaid terms. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar 2/3

To

1. The District Collector Thiruvallur District, Thiruvallur.

2. The Revenue Divisional Officer, Poonamallee Revenue Division, Poonamallee, Thiruvallur District.

3. The Commissioner of Police, Chennai City Police, Vepery, Chennai - 600 007.

4. The Inspector of Police, Pattabiram Police Station, Thiruvallur District.

5. The Registrar(Judicial), High Court, Madras.

+1cc to Mr. A. Ilayaperumal, Advocate sr.92737 +1cc to Government Pleader SR.NO. 93030 W.P. No. 24768 of 2019 mp(co) nr 23/01/2020 3/3