Seenivasan K v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY K.Seenivasan ... Petitioner Vs.
1.The District Collector, Office of the District Collector, Madurai.
2.The Revenue Divisional Officer / Tribunal for Senior Citizen Maintenance and Welfare, Madurai, Madurai District.
3.The Commissioner of Police, Madurai City, Madurai.
4.The Inspector of Police, Tallakulam Police Station, Madurai.
5.S.Gandhimathinathan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 to dispose of the application of the petitioner dated 13.04.2021 under the provisions of the Maintenance and Welfare of Parents and Senior Citizen Act, 2007, within a time frame that may be stipulated by this Court. For Petitioner : Mr.R.Pon Karthikeyan For R-1 to R-4 : Mr.R.Baskaran, Counsel for State
ORDER
The petitioner seeks the expeditious disposal of the application filed by him under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
2. The petitioner states that he has two children, including the fifth respondent, who is his son. It is further stated that the petitioner resides in the ground floor of the house, whereas the fifth respondent resides in the first floor. 1/3
The petitioner alleges that he had purchased several properties from and out of his income. According to the petitioner, the original documents relating to such properties have been misappropriated by the fifth respondent. After the death of his wife, the petitioner states that the fifth respondent has failed to provide maintenance to the petitioner. In such circumstances, the petitioner submitted the application dated 13.04.2021 seeking maintenance as also the restoration of the original title documents.
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of respondents 1 to 4. He submits that the petitioner's application may be directed to be considered and disposed of within a reasonable time frame.
4. Given the limited scope of the present Writ Petition, it is not necessary to go into the merits thereof. Consequently, notice to the fifth respondent is dispensed with.
5. In the aforesaid facts and circumstances, the second respondent herein, who is the designated authority under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, is directed to consider the petitioner's application dated 13.04.2021 and dispose of the same within a period of two (2) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner, the fifth respondent herein and any other person who would be affected by such decision.
6. Accordingly, WP (MD) No.14949 of 2021 is disposed of on these terms without any order as to costs. Sd/- Assistant Registrar (CS I) // 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.
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To 1.The District Collector, Office of the District Collector, Madurai.
2.The Revenue Divisional Officer / Tribunal for Senior Citizen Maintenance and Welfare, Madurai, Madurai District.
3.The Commissioner of Police, Madurai City, Madurai.
4.The Inspector of Police, Tallakulam Police Station, Madurai.
+1 CC to M/s.R.PONKARTHIKEYAN, Advocate (SR-27293[F] dated 25/08/2021) +1 CC to M/s.SPL GP (SR-27180[F] dated 25/08/2021) 24.08.2021 PS(CO) SB(02.09.2021) 3P 7C 3/3