Madras High CourtWP(MD)/11779/2021disposed of

Ummusalmal Beevi v. The District Collector

2021-07-14Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.11779 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.11779 of 2021 Ummusalmal Beevi ... Petitioner Vs.

1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Kokkirakulam, Tirunelveli District.

3. The Sub Registrar, O/o The Sub Registrar, Melapalayam, Tirunelveli District.

4. V.T.S.A.Sheik Abdul Kadhar ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 1st and 2nd respondents to dispose the application submitted by the Petitioner dated 19.03.2021 in accordance to the procedures established under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within a time stipulated by this Court.

For Petitioner : Mr.K.Jeyamohan For Respondent : Mr.Lingadurai, Government Advocate, For R1 to R3.

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents 1 and 2 to act upon the application submitted by the petitioner on 19.03.2021 and take action under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter called as "the Act).

2. The case of the petitioner is that she had gifted the property to her son hoping that she will be taken care at her old age. The grievance of the petitioner is that all the properties have been taken away and she is left in lurch. Therefore, the petitioner made an application before the second respondent on 19.03.2021 seeking for taking action under the Act. Since the same https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.11779 of 2021 was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions.

3. Heard Mr.K.Jeyamohan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents 1 to 3.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the second respondent to act upon the application submitted by the petitioner on 19.03.2021 after affording opportunity to the petitioner and the son of the petitioner and pass final orders strictly in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant documents and also a copy of this order.

6. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To:

1. The District Collector, Tirunelveli District.

2. The Revenue Divisional Officer, Kokkirakulam,Tirunelveli District.

3. The Sub Registrar, O/o The Sub Registrar, Melapalayam, Tirunelveli District +1 CC to M/s.SPL GP ( SR-22660[F] dated 15/07/2021 ) W.P(MD).No.11779 of 2021 14.07.2021 MGJ(22.07.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2