Baskaran v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Baskaran ... Petitioner Vs.
1.The Revenue Divisional Officer, Revenue Divisional Office, Melur Division At Otthakadai, Madurai District -625 107.
2.The Land Acquisition Officer National Highways Department, Jothi Urakadai Upstair, Melur Post, Madurai District - 625 106.
3.The Land Acquisition Thasildar, National Highways Department, Jothi Urakadai Upstair, Melur Post, Madurai District - 625 106.
4.The Sub Registrar Sub Registrar Office, Melur Post, Madurai District - 625 106.
5.B.Balasubramanian alias Murugan ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to conduct speedy proceedings and dispose of petitioner's application dated 03.01.2020 and reminder dated 03.03.2020 filed for ordering monthly Maintenance allowance and other connected reliefs as against fifth respondent as expeditiously as possible under appropriate provisions of Maintenance and Welfare of Parents and Senior Citizens Act 2007 (MWPSCA). For Petitioner : Mr.M.Sathiamoorthy For Respondents 1 to 4 : Mr.S.Dayalan, Government Advocate ***** 1/3
O R D E R
By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.The petitioner is aged about 69 years. He is aggrieved with the conduct of the fifth respondent, his son B.Balasubramanian alias Murugan. Questioning such conduct, the petitioner had filed an application dated 03.01.2020, before the Revenue Divisional Officer, Melur Division, seeking relief under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act 2007. 3.It is the grievance of the petitioner that the first respondent has not issued any notice, after the petition has been filed. However, the learned Government Advocate states that by communication dated 09.01.2020, preliminary proceedings / conciliatory proceedings have been initiated and notice has also been issued to the petitioner herein.
The copy of the said proceedings have also been furnished to the Court. 4.The learned Counsel for the petitioner, however claims ignorance of such notice. Therefore, a direction is given to the District Social Welfare Officer to issue such notice once again afresh regarding the conciliatory proceedings. At any rate, the copy of the said notice shall be issued to the petitioner afresh. The learned Government Advocate is also directed to serve copy of the said notice to the learned Counsel for the petitioner. On receipt of such notice, the petitioner shall appear before the first respondent for enquiry. Further the first respondent is directed to pass appropriate orders on the representation/ application of the petitioner dated 03.01.
2020 on merits and in accordance with law after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, as expeditiously as possible. 5.With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar ( ) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
Rm To 1.The Revenue Divisional Officer, Revenue Divisional Office, Melur Division At Otthakadai, Madurai District -625 107.
2.The Land Acquisition Officer National Highways Department, Jothi Urakadai Upstair, Melur Post, Madurai District - 625 106.
3.The Land Acquisition Thasildar, National Highways Department, Jothi Urakadai Upstair, Melur Post, Madurai District - 625 106.
4.The Sub Registrar Sub Registrar Office, Melur Post, Madurai District - 625 106.
+1 CC to M/s.M.SATHIAMOORTHY, Advocate ( SR-12111[F] dated 17/03/2020 ) +1 CC to M/s.SPL GP ( SR-12263[F] dated 18/03/2020 ) 17.03.2020 PU(06/05/2020) 3 P 7C 3/3