Ananthayee v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Ananthayee ... Petitioner vs.

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Tindivanam, Villupuram District.

3. The Superintendent of Police, Villupuram , Villupuram District.

4. The Inspector of Police, Kiliyanur Police Station, Tindivanam Taluk, Villupuram District.

5. Ramesh .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the first respondent to take action on the petitioner's representation dated 09.10.2024 under the Maintenance and Welfare of Parents and Senior Citizens Act with Rules 2007.

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For Petitioner : Mr.M.Muthukrishnan For R1 & R2 : Mr.A.Anandan Govt.Advocate For R3 & R4 : Mr.S.Santhosh Govt.Advocate ( Crl.side) For R5 : Mr.V.S.Gobu

ORDER

The present writ petition has been filed to issue a writ of mandamus directing the first respondent to take action on the petitioner's representation dated 09.10.2024 under the Maintenance and Welfare of Parents and Senior Citizens Act with Rules 2007.

2. It is the case of the petitioner that he is a Senior Citizen and belongs to Maruthuvar Community. Her husband Vaithilinga Pandithar was doing religious ceremony and her son Santhirasekar was doing the above said religious ceremony. After her husband death, she is doing religious ceremony to the above said villages after her son Santhiraseka death. Thereafter, the petitioner made a complaint to the Inspector of Police Kilyanur police Station against the village president Ramesh, (5th Page No.2 of 6

respondent) on 27.05.2024 whose refused to burial her son dead body in their cremation ground and they practiced social distance. Thereafter, the petitioner made a complaint to the District Collector but no action has been taken. Again, the petitioner sent a representation to the District Collector to take action against the persons under the Maintenance and Welfare of Parents and Senior Citizens Act, with Rules 2007 on 09.10.2024. But, till date, the District Collector did not take action on the said representation. Hence, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 09.10.2024 to the first respondent, District Collector under the Maintenance and Welfare of Parents and Senior Citizens Act, with Rules 2007 to take action against 5th respondent and the same was not considered till date.

4. The leaned Government Advocate appearing for the respondents 1 and 2 submitted that the above said representation of the petitioner dated 09.10.2024 will be considered on merits and in accordance with law, Page No.3 of 6

within a time stipulated by this Court.

5. Heard the learned counsel appearing on either side and also perused the materials available on records.

6. In view of the above submissions made by the learned counsel on either side, the first respondent is directed to consider the representation of the petitioner dated 09.10.2024 after giving due notice to both the parties, affording opportunity of personal hearing, on merits, in accordance with law and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order.

7. This writ petition stands allowed with the above directions. No costs.

13.02.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd Page No.4 of 6

To

1. The District Collector, Villupuram, Villupuram District.

2. The Revenue Divisional Officer, Tindivanam, Villupuram District.

3. The Superintendent of Police, Villupuram , Villupuram District.

4. The Inspector of Police, Kiliyanur Police Station, Tindivanam Taluk, Villupuram District.

J.SATHYA NARAYANA PRASAD, J.

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