Madras High CourtWP(MD)/1202/2024disposed of

Raja Padmanaban S v. The Revenue Divisional Officer

2024-01-22Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and W.M.P(MD)No.1212 and 1214 of 2024 S.Raja Padmanaban ... Petitioner -Vs1.The Revenue Divisional Officer, Periyakulam, Theni District.

2.R.Parvathi 3.S.R.Rajeswaran ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari calling for the records on the file of the first respondent as per the notice dated 18.12.2023 and quash the same as unsustainable and without jurisdiction as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007. For Petitioner : Mr.M.S.Sureshkumar For Respondents : Mr.D.Gandhi Raj Special Govt. Pleader (for R1) 1/4

ORDER

The writ petition is filed seeking for issuance of a Writ of Certiorari calling for the records on the file of the first respondent as per the notice dated 18.12.2023 and quash the same as unsustainable and without jurisdiction as per the Maintenance and Welfare of Parents and Senior Citizens Act 2007.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the first respondent. Considering the nature of the order proposed to be passed, protecting the interest of the respondents 2 and 3 also, notice to them is dispensed with. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is seen that the first respondent has issued impugned notice dated 18.12.2003 to the petitioner to appear before him for enquiry. Since it is only a notice for enquiry, it cannot be stayed at this stage. Therefore, without going into the merits of the matter, the petitioner is directed to appear before the first respondent for enquiry. After enquiry, the first 2/4

respondent shall pass appropriate orders on merits and in accordance with law, after giving notice to the interested parties, within a period of twenty weeks.

4. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 22.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No skn To The Revenue Divisional Officer, Periyakulam, Theni District.

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V.BHAVANI SUBBAROYAN, J.

skn and W.M.P(MD)No.1212 and 1214 of 2024 22.01.2024 4/4