J.D.Gomathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN J.D.Gomathi ... Petitioner Vs

1. The District Collector, Office of the District Collector,

2. The Additional Revenue Divisional Officer Cum Sub Collector, Parents and Senior Citizens Welfare and Maintenance Tribunal, District Collector Office Campus,

3. The Assistant Commissioner of Police, Temple Range, Madurai City, Vilakuthoon Police Station Upstairs, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 herein to dispose 1/6

of petitioner's application, dated 29.05.2025 by following the procedures laid down under The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

For petitioner : Mr. VB.Sundhareshwar For respondents : Mr.D.Ghandhiraj Special Government Pleader for R1 & R2 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R3 *****

ORDER

This Writ Petition is disposed of at the time of admission with the consent of the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 2 and learned Government Advocate (Crl.Side) for the third respondent.

2. The petitioner has already approached the District Munsif Court, Madurai in O.S.No.81 of 2022 for certain relief in respect of the property, which according to the petitioner, joint family property. 2/6

3. The petitioner has also, now, approached the second respondent under the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, on 29.05.2025.

4. It is the case of the petitioner that despite the petitioner having filed an application with the second respondent, the same has not been disposed of.

5. The learned Special Government Pleader for the respondents 1 and 2, on the other hand, submits that there is a property dispute with the persons, who are not governed by the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Therefore, this petition is without any merits and not maintainable and hence, this Writ Petition is liable to be dismissed.

6. Having considered the submissions of the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 2 and having considered the suit filed by the petitioner before the District Munsif Court, Madurai in O.S.No.81 of 2022, I am inclined to dispose of this Writ Petition, without making any observation on merits of the inter se dispute between the petitioner and defendants in O.S.No.81 of 2022 by directing the second 3/6

respondent to dispose of the application filed by the petitioner under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 as expeditiously as possible preferably within a period of six (6) weeks from the date of receipt of a copy of this order, after due notice to the defendants mentioning therein.

7. This Writ Petition is disposed of, with the above observations. No costs. Index : Yes / No 03.07.2025 Internet : Yes / No apd To

1. The District Collector, Office of the District Collector,

2. The Additional Revenue Divisional Officer Cum Sub Collector, Parents and Senior Citizens Welfare and Maintenance Tribunal, District Collector Office Campus,

3. The Assistant Commissioner of Police, Temple Range, 4/6

Madurai City, Vilakuthoon Police Station Upstairs, 5/6

C.SARAVANAN, J.

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