Madras High CourtWP(MD)/17442/2021disposed of

Poosari V v. The District Collector

2021-09-28Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD).No.17442 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD).No.17442 of 2021 V.Poosari ... Petitioner Vs.

1.The District Collector, Madurai.

2.The District Social Welfare Officer, District Social Welfare Office, Madurai. ... 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 to conduct an enquiry based on the petitioner's complaint dated 17.09.2020, which is pending on the file of the second respondent within a stipulated time fixed by this Court. For Petitioner : Mr.J.Selvin Rajesh for M/s.Dictum Law firm For Respondents : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner, who is a senior citizen, seeks a direction for the conduct of an inquiry on the basis of his complaint dated 17.09.2020.

2.The petitioner states that he is the owner of shops in respect of which the rent is being collected by his sons. He states that his sons are not taking care of him, but have taken custody of the original documents relating to properties owned by him. In these circumstances, the petitioner submitted a complaint on 17.09.2020 to the first respondent and also made a complaint to the Inspector of Police, Theppakulam Police Station on 03.08.2021. The present writ petition is filed for the expeditious conclusion of an inquiry in relation to the complaint made on 17.09.2020. 3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of both the respondents. He points out that the Revenue Divisional Officer has addressed a communication dated 14.10.2020 to the District Social Welfare Officer with regard to the petitioner's complaint.

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W.P(MD).No.17442 of 2021 4.The Maintenance and Welfare of Parents and Senior Citizens Act 2007 was enacted to confer statutory rights on the parents and senior citizens. Therefore, complaints lodged by senior citizens are required to be dealt with expeditiously and in accordance with law. 5.In the case at hand, action was initiated pursuant to the petitioner's complaint. However, it appears that the relevant proceedings were not concluded until date.

6.Accordingly, without entering any findings on the merits of the matter, the second respondent is directed to consider the petitioner's complaint dated 17.09.2020, conduct an inquiry on such basis by providing a reasonable opportunity to the petitioner and to all his sons. Such inquiry shall be concluded within a period of three (3) months from the date of receipt of a copy of this order. 7.W.P.(MD).No.17442 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/sji 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, Madurai.

2.The District Social Welfare Officer, District Social Welfare Office, Madurai.

+1 CC to M/s.SPL.GP ( SR-30575[F] dated 29/09/2021 ) W.P(MD).No.17442 of 2021 28.09.2021 NSN(CO) RS (07.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2