Madras High CourtWP(MD)/6688/2022disposed of

Rajeshwari N v. The District Collector

2022-04-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Rajeshwari ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

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

3.The Revenue Divisional Officer, Lalgudi Revenue Division, Trichy District.

4.The Special Tahsildar (TACTV), Trichy, Trichy District.

5.Poonkannan ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 14.03.2022 under Section 23 of Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prasanna Vinoth For Respondents 1 to 4 : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 14.03.2022, given under Section 23 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [hereinafter referred to as 'the Act'] within a time frame to be fixed by this Court.

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2.The case of the petitioner is that she is a senior citizen and the fifth respondent is her son. According to her, she was holding a cable TV operator's license from the year 1991 onwards. According to her, she was also earning sufficient income out of the said license. Due to old age, she had requested her son namely, the fifth respondent who had returned back from abroad to administer the cable TV business. However, according to her, the fifth respondent has misused his authority and has got the cable TV login ID in his favour without the consent of the petitioner. 3.It is also the case of the petitioner that the fifth respondent is also not maintaining her and has dispossessed her from her house. In such circumstances, the petitioner has given a representation dated 14.03.

2022 under the Act and its Rules before the official respondents seeking for maintenance as well as for restoration of the cable TV login ID in her favour from the fifth respondent. Since the said representation has not been considered till date, this Writ Petition has been filed. 4.Heard Mr.B.Prasanna Vinoth, learned Counsel appearing for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4. 5.Insofar as the complaint given by the petitioner for restoration of login ID for cable TV operation in favour of the petitioner is concerned, learned Additional Government Pleader appearing for the official respondents has placed on record a communication dated 22.12.

2021, under which the fourth respondent has forwarded the complaint of the petitioner to the Managing Director of the Tamil Nadu Arasu Cable TV Corporation, Chennai. The said proceedings dated 22.12.2021 is recorded. Insofar as the other complaint given by the petitioner for maintenance is concerned, the same will have to be considered by the first respondent. 6.No prejudice would be caused to the official respondents, if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner and the fifth respondent.

7.For the foregoing reasons, this Court directs the Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, Chennai, to pass final orders based on the fourth respondent's proceedings dated 22.12.2021 referred to supra, with regard to the restoration of the cable TV login ID in favour of the petitioner from the fifth respondent within a period of twelve [12] weeks from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the fifth respondent, including granting them the right of personal hearing. Insofar as the complaint dated 14.03.2022 given by the petitioner seeking for maintenance is concerned, the first respondent is directed to pass final orders on merits and in 2/3

accordance with law after affording a fair hearing to the petitioner and the fifth respondent including granting them the right of personal hearing within a period of twelve [12] weeks from the date of receipt of a copy of this order.

8.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. 9.Registry is directed to mark a copy of this order to the Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, Chennai.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Trichy District, Trichy.

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

3.The Revenue Divisional Officer, Lalgudi Revenue Division, Trichy District.

4.The Special Tahsildar (TACTV), Trichy, Trichy District.

5.The Managing Director, Tamil Nadu Arasu Cable TV Corporation Limited, Chennai.

+1 CC to M/s.B. PRASANNA VINOTH, Advocate ( SR-18045[F] dated 12/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18155[F] dated 12/04/2022 ) 11.04.2022 MGJ(27.04.2022) 3P 8C 3/3