Sudalaikannu .K v. The Sub-Collector / Revenue Divisional Officer / Presiding Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Sudalaikannu ... Petitioner Vs.
1.The Sub-Collector / Revenue Divisional Officer / Presiding Officer, (Under the Maintenance and Welfare of Parents and Senior Citizens Act), Cheranmahadevi Revenue Division, Cheranmahadevi, Tirunelveli District.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to dispose of the petition dated 06.05.2024 given by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act. 1/4
For Petitioner : Mr.N.Pragalathan For Respondents : Mr.G.V.Vairam Santosh, Addl. Government Pleader for R1.
Mr.A.Albert James, Govt. Advocate (Crl. Side) for R2 & R3.
ORDER
Heard the learned counsel for the writ petitioner, the learned Additional Government Pleader for the first respondent and the learned Government Advocate for the respondents 2 and 3.
2.The petitioner is a senior citizen aged about 74 years. He had filed a petition before the Maintenance Tribunal under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Section 5(4) of the said Act states that the Maintenance Tribunal must dispose of the proceedings within 90 days from the date of service of notice of the application on the respondents. The Tribunal may extend the said period once for a maximum period of 30 days in an exceptional circumstance for reasons to be recorded in writing. In this case, the application was submitted on 06.05.2024. The learned counsel for the petitioner states that service on the sole respondent has since been completed. Therefore, the first respondent is directed to 2/4
conclude the proceedings and pass final order on merits and in accordance with law within a period of three months from today ie., 27.06.2024. I make it clear that I have not gone into the merits of the matter. The defence of the respondent in the application has not been foreclosed.
3.The writ petition is allowed on these terms. No costs. 27.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The Sub-Collector / Revenue Divisional Officer / Presiding Officer, (Under the Maintenance and Welfare of Parents and Senior Citizens Act), Cheranmahadevi Revenue Division, Cheranmahadevi, Tirunelveli District.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Inspector of Police, Nanguneri Police Station, Nanguneri, Tirunelveli District.
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G.R.SWAMINATHAN, J.
ias 27.06.2024 4/4