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Madras High CourtWP(MD)/10332/2023disposed of

Pappathi A v. The District Collector

2024-02-07Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.10332 of 2023 A.Pappathi ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

4.The Superintendent of Police, Sivagangai, Sivagangai District.

5.The Sub Inspector of Police, Madhagupatti Police Station, Madhagupatti, Sivagangai District.

6.N.Vairavan 7.Muthupandi ... Respondents 1/6

PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the Respondent Nos.1 to 4 to take immediate action based on the Representation of the petitioner dated 17.04.2023 made under the Senior Citizens Welfare and Protection Act, namely, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 r/w. Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 seeking for protection to her life and limb in the nature of forbearing the Respondent Nos.6 and 7 from causing threat to her life and property within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mrs.K.Christy Thebaral Addl. Govt. Pleader (for R1 to R3) Ms.M.Aasha Govt. Advocate (crl. side) (for R4 & R5)

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the respondents 1 to 4 to take immediate action based on the representation of the petitioner dated 17.04.2023 made under the Senior Citizens Welfare and Protection Act, namely, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 r/w. Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 seeking for protection to 2/6

her life and limb in the nature of forbearing the respondents 6 and 7 from causing threat to her life and property within a time frame as fixed by this Court.

2. The learned counsel for the petitioner would submit that the petitioner has given a representation dated 17.04.2023 to the respondents seeking protection under the Senior Citizens Welfare and Protection Act, namely, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 r/w. Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. Since the said representation is pending, the petitioner has come before this Court. He would further submit that it would suffice if the representation of the petitioner is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that in respect of the representation of the petitioner, the second respondent has issued summons to the petitioner to appear for enquiry, however, she has not appeared before the second 3/6

respondent. She would further submit that the representation of the petitioner and other appropriate documents will be considered in accordance with law.

4. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents are directed to pass appropriate orders on the representation of the petitioner, dated 17.04.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twenty (20) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. No costs.

07.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 4/6

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai, Sivagangai District.

3.The Tahsildar, Sivagangai Taluk, Sivagangai District.

4.The Superintendent of Police, Sivagangai, Sivagangai District.

5.The Sub Inspector of Police, Madhagupatti Police Station, Madhagupatti, Sivagangai District.

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V.BHAVANI SUBBAROYAN, J.

skn Writ Petition(MD)No.10332 of 2023 07.02.2024 6/6