Madras High CourtWP(MD)/16427/2020disposed of

P. Govindasamy v. The District Collector,

2020-11-20Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE (Through Video Conference) P.Govindhasamy ... Petitioner Vs

1) The District Collector, Madurai District, Madurai.

2) The Revenue Divisional Officer, Melur, Madurai District.

3) The Social Welfare Officer, Social Welfare Office, Madurai.

4) The Commissioner of Police, Madurai City, Madurai.

5) The Assistant Commissioner of Police, Thiruparagundram Range, Madurai City.

6) The Inspector of Police, Keeraithurai Police Station, Madurai.

7) Chithiraiselvan

8) Chithiraiselvi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to pass appropriate orders on the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 dated 07.08.2020 by considering the same within the time limit that may be stipulated by this Court.

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For Petitioner: Mr.C.Susi Kumar For RR 1 to 6 : Mr.A.Muthukaruppan, Additional Government Pleader

O R D E R

Mr.A.Muthukaruppan, learned Additional Government Pleader accepts notice for respondents 1 to 6. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

2. This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pass appropriate orders in the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, dated 07.08.2020 within a time frame to be fixed by this Court.

3. It is the case of the petitioner that the respondents 7 & 8 are his children and despite his old age, they have not taken care of him. He has filed a petition, on 07.08.2020, before the second respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. According to him, the said petition has not been considered by the second respondent till date. In such circumstances, this writ petition has been filed.

4. The relief sought for in this writ petition is an innocuous relief. No prejudice will be caused to the respondents if the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is considered by the second respondent on merits and in accordance with law. The petitioner, who is aged about 67 years is a senior citizen and it is his case that due to the harassment of the respondents 7 & 8, he is now homeless. In such circumstances, the second respondent will have to dispose of the petition filed by the petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 expeditiously.

5. For the foregoing reasons, this Court directs the second respondent to dispose of the petition filed by the petitioner on 07.08.2020 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and pass final orders on merits and in accordance with law after hearing the necessary parties including the respondents 7 & 8 within a period of six weeks from the date of receipt of a copy of this order.

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6. With the aforesaid directions, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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: