Mallika v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Mallika .. Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.Prasanna 4.Surya Prabha .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 25.01.2022 to take action against the respondents 3 and 4 and give protection to her under Section 9 & 22(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Lingadurai, SGP for R1 & R2

ORDER

This writ petition has been filed for Mandamus seeking for a direction to the respondents 1 and 2 to give protection to the petitioner from the 3rd and 4th respondents, pursuant to an application filed by the petitioner under Sections 9 and 22(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 2.Heard Mr.T.Lenin Kumar, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, appearing for the respondents 1 and 2.

3.According to the petitioner, she is the absolute owner of the property in respect of the patta Nos.470, 648, 479, 822 and 99 at Nanjai Sangenthi Village. However, according to her, the third respondent who is her son and the fourth respondent who is her 1/3

daughter-in-law are now attempting to dispossess her and also harassing her. In such circumstances, the petitioner has filed an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. She has also given representation on 25.01.2022 to the first and second respondents seeking action to be taken against the third and fourth respondents for their unlawful attempts being made over the petitioner's properties. Since the representations have not been considered till date, this writ petition has been filed.

4.The relief sought for in this writ petition is an innocuous one. The petitioner is a senior citizen and her claim is that the 3rd and 4th respondents, who are her son and daughter-in-law respectively, are illegally attempting to dispossess her from the aforementioned properties and therefore, she has given a representation dated 25.01.2022, to the first and second respondents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Admittedly, the said representations have not been considered till date.

5.Therefore, this Court directs the second respondent to consider the petitioner's representation dated 25.01.2022 seeking to take action against the third and fourth respondents and give protection to her as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

+1 CC to M/s.SPL.GP ( SR-5740[F] dated 11/02/2022 ) 10.02.2022 SB(CO) GC(21.02.2022) 3P 4C 3/3