Ramasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

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

1.The Superintendent of Police, 2.The District Revenue Officer, Madavilagam, 3.The Revenue Divisional Officer, Thandhondrimalai, 4.The Inspector of Police, Aravankurichi Police Station, Aravankurichi,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents to take the petitioner's complaint dated 19.03.2022 on file and proceed as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens rules, 2009.

For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to take the petitioner's complaint filed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and its rules on file and pass final orders thereafter.

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2. According to the petitioner, he is a senior citizen and his son Chellamuthu has illegally retained Rs.23,00,000/- and Rs.4,50,000/- which belongs to him. It is also the case of the petitioner that his son Chellamuthu has not maintained him. In such circumstances, the petitioner has filed a complaint on 19.03.2022 with the respondents under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and its rules. According to the petitioner, till date, his complaint has not been taken on file. In such circumstances, this Writ Petition has been filed.

3. Heard Mr.P.Samuel Gunasingh, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's complaint dated 19.03.2022 given under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and its rules, is taken on file and proceeded with. The petitioner is aged 80 years and is a senior citizen. The grievance of the petitioner is that his son Chellamuthu has illegally retained the money belonging to him amounting to a sum of Rs.23,00,000/- and another sum of Rs.4,50,000/-.

5. For the foregoing reasons, this Court directs the third respondent to take on file the complaint dated 19.03.2022 lodged by the petitioner and proceed with the enquiry as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and its rules and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and his son, Mr.Chellamuthu as well as any other necessary party, whom the third respondent deems fit to enquire, including granting them the right of personal hearing, within a period of six (6) months from the date of receipt of a copy of this order.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, 2/3

2.The District Revenue Officer, Madavilagam, 3.The Revenue Divisional Officer, Thandhondrimalai, 4.The Inspector of Police, Aravankurichi Police Station, Aravankurichi,

5. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.SPL.GP ( SR-17190[F] dated 07/04/2022 ) 06.04.2022 NSN(CO) KB(19.04.2022) 3P 7C 3/3