Madras High CourtWP(MD)/13513/2019disposed of

Suyambulingam, v. The District Collector,

2019-06-17Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13513 of 2019 Suyambulingam ... Petitioner Vs.

1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Revenue Divisional Officer, Nagercoil Kanyakumari District.

3.Chandrasekar ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the 2nd respondent herein to dispose of the petition filed by the petitioner under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which is numbered as Na.Ka.No.A2/1649/2018 at an early date as may be fixed by this Court.

For Petitioner : Mr.D.Srinivasaraghavan For Respondent : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader

ORDER

The prayer in the writ petition is for a Writ of Mandamus to direct the 2nd respondent herein to dispose of the petition filed by the petitioner under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in Na.Ka.No.A2/1649/2018.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 and 2.

3. Since no adverse order is going to be passed against the third respondent, notice to the third respondent is dispensed with. By consent of both sides, the writ petition is taken up for final disposal at the stage of admission itself.

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4. The grievance of the petitioner is that, he is the aged mother of the third respondent and he had filed a complaint to the

second respondent invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and the same is pending in Na.Ka.No.Aa/1649/2018 with the second respondent. However, the same has not been disposed of on merits so far and therefore, the petitioner is before this Court.

5. I have heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents, who would submit that, the said petition filed by the petitioner would be decided and an order to that effect would be passed within a time frame, by the second respondent, of course, after hearing the third respondent.

6. Considering the submissions made by both sides, the writ petition is disposed of with the following direction: "The second respondent is directed to consider the petition filed by the petitioner to the second respondent in his proceedings in Na.Ka.No.Aa/1649/2018 and pass orders thereon on merits and in accordance with law, after hearing the third respondent, within a period of six weeks from the date of receipt of a copy of this order." No costs.

Sd/- Assistant Registrar (CS-III) / True Copy / Sub Assistant Registrar(CS- ) RR To 1.The District Collector, Kanyakumari District, at Nagercoil.

2.The Revenue Divisional Officer, Nagercoil Kanyakumari District.

+1 CC to M/s.SPL GP ( SR-69439[F] dated 18/06/2019 ) +1 CC to M/s.D.SRINIVASARAGAVAN, Advocate (SR-69559[F]dated 18/06/2019) W.P.(MD)No.13513 of 2019 17.06.2019 https://hcservices.ecourts.gov.in/hcservices/ ES/02.07.2019/2P/5C