Raju .M v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2612 of 2024 M.Raju

...Petitioner

/Vs./ The Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

...Respondent

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent herein to take on file of petitioner's application dated 22.12.2023 u/s 5 of the Maintenance and Welfare of Senior Citizens Act, 2007 and to pass an order on merits and in accordance with law within a stipulated time to be fixed by this Court.

For Petitioner : Mr.Thirunavukkarasu For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the respondent herein to take on file of the petitioner's application dated 22.12.2023 filed u/s 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and to pass an order on merits and in accordance with law within a stipulated time to be fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that due to the family dispute, the petitioner made an application under Section 5 of the Maintenance and Welfare of Senior Citizens Act, 2007 before the respondent on 22.12.2023 seeking for right of residence. Since the same has not been considered till date, the present writ petition has been filed.

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4. The learned Special Government Pleader appearing for the respondent submits that the petitioner's application will be disposed of in accordance with law by the respondent within the time stipulated by this Court.

5. In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the respondent to consider the petitioner's application filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, on the file of the respondent on 22.12.2023 seeking for right of residence and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 08.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- The Revenue Divisional Officer, Sivakasi Town, Virudhunagar District.

Order made in W.P(MD)No.2612 of 2024 Dated:

08.02.2024 4/4