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Madras High CourtWP/32586/2017disposed of

K.Padma v. The Revenue Divisional

2022-11-25Honourable Mr Justice S.S. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR K.Padma ...petitioner Vs.

1. The Revenue Divisional Officer-cum- Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, Egmore Revenue Division, Chennai 31.

2. K.Kavitha

3. K.Arumugam ...respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent to conduct inquiry on the petitioner's complaint dated 23.09.2017 made under Maintenance and Welfare of Parents and Senior Citizens Act, 2005 and dispose of the same expeditiously in accordance with law, after notice to all parties, within a period of 3 months as stipulated under 5(4) of the said Act.

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For Petitioner : No Appearance For Respondents for R1 : Mrs.M.Geetha Thamaraiselvan Special Government Pleader for RR2 & 3 : No Appearance

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus, directing the first respondent to conduct inquiry on the petitioner's complaint dated 23.09.2017 made under Maintenance and Welfare of Parents and Senior Citizens Act, 2005 and dispose of the same.

2. It is the case of the petitioner that the third respondent is her son and the second respondent is her daughter in law. It is her further case that the petitioner purchased a property along with her husband in 1982 and put up a house. Now, the petitioner's grievance is that her children betrayed her after getting settlement deed in respect of the said property in their favour.

3. Therefore, the petitioner filed a complaint against her 2/5

children under the Maintenance and Welfare of Parents and Senior Citizens Act, 2005 before the first respondent. Since no action has been taken on her complaint, the Writ Petition is filed.

4. There is no representation for the petitioner.

5. The learned Standing Counsel appearing for the first respondent on instructions submitted before this Court that the application filed by the petitioner is taken on file and a notice has been issued to the petitioner for attending enquiry.

6. Having regard to the nature of grievance expressed by the petitioner and the submissions of the learned Standing Counsel appearing for the first respondent, this Court, without expressing any opinion on the merits of the petitioner's application, directs the first respondent to complete the enquiry and pass appropriate orders on the application of the petitioner on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after hearing both the parties.

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7. With the above directions, the Writ Petition is disposed of. No costs.

25.11.2022 Index : Yes/No pvs To The Revenue Divisional Officer-cum- Tribunal under Maintenance and Welfare of Parents and Senior Citizens Act, Egmore Revenue Division, Chennai 31.

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S.S.SUNDAR .J., pvs 25.11.2022 5/5