Madras High CourtWP(MD)/12967/2022disposed of

Gnanaraj .P v. The District Collector

2022-06-23Honourable Mr Justice G.R.Swaminathan2 pages

WP(MD)No.12967 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.12967 of 2022 P.Gnanaraj ... Petitioner vs.

1.The District Collector, Tirunelveli District, Collectorate, Tirunelveli.

2.The Sub Collector, Cheranmahadevi Sub Division, Tirunelveli District.

3.The Sub Registrar, Valliyoor, Tirunelveli District.

4.The Inspector of Police, Vallioor Police Station, Tirunelveli District.

5.Stalin Nova 6.Britta 7.Suba Catherine ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to dispose the petitioner's application, dated 04.05.2022 filed under the provisions of the Tamil Nadu maintenance and Welfare of Parents and Senior Citizens Act, 2007, within a time frame that may fixed by this Court.

For Petitioner : A.Robinson For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.4

ORDER

Heard the learned counsel for the writ petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.12967 of 2022 2.Considering the nature of relief to be granted the issuance of notice to the private respondents is dispensed with. The writ petitioner is the father of the private respondents. He has moved the Maintenance Tribunal / second respondent seeking relief against his Children. The petitioner seeks eviction of the private respondents in the petition mentioned premises. The petitioner's counsel draws my attention to the order dated 25.11.2021 passed by the Bombay High Court in W.P.(L)No.9374 of 2020 (Shweta Shetty Vs The State of Maharashtra and others) in which it has been held that even an eviction order can be passed under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The second respondent is directed to pass an order on merits and in accordance with law on the petition mentioned application within a period of eight weeks from the date of receipt of a copy of this order. The private respondents will put on notice before the final order is passed. The writ petition is disposed of. No costs. Sd/- Assistant Registrar (Admn.I) // True Copy // /07/2022 Sub Assistant Registrar(CS) mga To 1.The District Collector, Tirunelveli District, Collectorate, Tirunelveli.

2.The Sub Collector, Cheranmahadevi Sub Division, Tirunelveli District.

3.The Sub Registrar, Valliyoor, Tirunelveli District.

4.The Inspector of Police, Vallioor Police Station, Tirunelveli District.

+1 CC to M/s.A. ROBINSON, Advocate ( SR-27816[F] dated 23/06/2022 ) +1 CC to M/s.SPL.GP ( SR-28253[F] dated 27/06/2022 ) WP(MD)No.12967 of 2022 23.06.2022 SS/08/07/2022/ 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2