A.Bhavani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Bhavani ... Petitioner -vs1. The District Collector-cum-Authority, Collectorate, Tiruvarur & District.

2. The Revenue Divisional Officer, RDO Office, Mannargudi & Taluk, Tiruvarur District.

3. A.Muruganantham ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose the appeal dated 15.06.2023 given by the Petitioner within reasonable time and pass such other further order or order as this Hon'ble Court may deem fit and proper in the circumstances of the case. For Petitioner :

Mr. P.Vijendran For Respondents :

Mr. S.J.Mohamed Sathik, Government Advocate (for R1 & R2)

O R D E R

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Heard Mr. P.Vijendran, Learned Counsel for the Petitioner and Mr. S.J.Mohamed Sathik, Learned Government Advocate appearing for the First and Second Respondents, and perused the materials placed on record, apart from the pleadings of the parties.

2.

Learned Counsel for the Petitioner seeking a direction to the First Respondent to dispose the appeal dated 15.06.2023 under Section 16 of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 (hereinafter referred to as 'the Act' for short).

3.

Learned Government Advocate appearing for the First and Second Respondents states that notice could not be issued to the Third Respondent in the said appeal as his address was incomplete. However, now the address of the Third Respondent has been furnished as 'Muruganantham, S/o. Appadurai, No.3, Rajan Street, Rajeshwari Nagar, Thirumalisai, Tiruvallur District - 600 124' and notice in ThaPa. No. 75/2023/E2 dated 13.12.2023 has been issued to all the parties informing that the enquiry on the aforesaid appeal has been at 11.00 a.m. on 19.12.2023 before the First Respondent and its copy has been produced before the Court.

4.

In such circumstances, the Petitioner, the Third Respondent and all other 2/5

persons concerned shall attend the hearing before the First Respondent on the said date as well as on the subsequent dates to which it is adjourned and ensure that there are atleast two effective hearing every month showing progress of the case. After affording full opportunity of hearing to all parties concerned following the prescribed procedure in consonance with the principles of natural justice, the First Respondent shall deal with each of the contentions raised and pass reasoned orders on merits and in accordance with law and communicate the decision taken to them under written acknowledgment. The report of such compliance shall be filed before the Registrar (Judicial) of the Court. In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

14.12.2023 Index: Yes/No NCC: Yes/No Note: Issue order copy by 17.04.2024.

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To

1. The District Collector-cum-Authority, Collectorate, Tiruvarur & District.

2. The Revenue Divisional Officer, RDO Office, Mannargudi & Taluk, Tiruvarur District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

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