Madras High CourtWP(MD)/2764/2019disposed of

Periyachi, W/O.Ramakrishnan, v. The Superintendent Of Police

2019-03-08Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.2764 of 2019 Periyachi ... Petitioner /Vs./ 1.The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Athiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

3. The Revenue Divisional Officer, Pattukottai, Thanjavur District.

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to instruct the second respondent to enforce the order passed by the third respondent vide Na.Ka.No.1272/ 2017/ m3 under "The Maintenance and Welfare of Parents and Senior Citizen Act, 2007" and give the adequate police protection to the petitioner. For Petitioner : Mr.K.S.Durai Pandian For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This Writ Petition is filed seeking issuance of writ of Mandamus, directing the first respondent to instruct the second respondent to enforce the order passed by the third respondent vide Na.Ka.No.1272/ 2017/ m3 under "The Maintenance and Welfare of Parents and Senior Citizen Act, 2007" and to give adequate police protection to the petitioner.

2.The petitioner seeks protection to her life and liberty from her son and daughter-in-law. The learned counsel appearing for the petitioner says that a complaint has been preferred to the first respondent to instruct the second respondent to enforce the order passed by the third respondent.

https://hcservices.ecourts.gov.in/hcservices/

3. As per Rule 21(1)(2) of the Maintenance and Welfare of Parents and Senior Citizen Act,2007, senior citizens have to be primarily attended by the police. Therefore, senior citizen, who needs some aid for sustenance or otherwise is entitled to statutory care/attention by the local police.

4.In the instant case, it travels little beyond sustaining one as the petitioner complains threat to life and limb from his son and daughter-in-law.

5. In the said circumstances, this Court directs the second respondent to visit the petitioner at the address given in the petition along with the Social Welfare Officer to hear her grievance and receive the complaint and hold enquiry on the same and take such appropriate decision as to protect her life, limb and liberty.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) CM To 1.The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Athiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

3. The Revenue Divisional Officer, Pattukottai, Thanjavur District.

1 CC to M/s.K.S.DURAI PANDIAN, Advocate ( SR-53398[F] dated 12/03/2019 ) Order made in W.P.(MD)No.2764 of 2019 https://hcservices.ecourts.gov.in/hcservices/ 08.03.2019 DS/ /SAR- (09.04.2019) 2P 5C