Madras High CourtWP(MD)/21040/2021disposed of

Johnson v. The District Collector

2021-11-25Honourable Mr Justice C.V. Karthikeyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Johnson ... Petitioner Vs.

1.The District Collector, Kanyakumari District, At Nagercoil.

2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram, 4.The Inspector of Police, Thuckalay Police Station, 5.Vino 6.Vanaja ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents 1 to 4 to consider the representation of petitioner dated on 23.09.2021 made under the Maintenance and Welfare of Senior Citizens Act 2007.

For Petitioner : Mr.A.Balakrishnan For R-1 to R-4 : Mr.S.Kameswaran Government Advocate

ORDER

Mr.S.Kameswaran, learned Government Advocate, takes notice for respondents 1 to 4.

2. The petitioner may follow the relevant provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and give petition as directed under the said provision namely Section 5 of the said Act as contemplated under Section 4 for any of the 1/3

reliefs under Section 4 before the Tribunal which has been situated for that particular purpose in Kanyakumari District.

3. The petitioner has come to this Court after giving representations to various authorities. But, if he wants relief under a particular statute, the petitioner should follow the provisions of that particular enactment and only then any order granting relief to the petitioner can be considered.

4. The petitioner may therefore present a proper application under Section 5 indicating the specific relief he seeks under Section 4 to the Tribunal in Kanyakumari District. If it is done so, I am confident that necessary steps would be taken by the Tribunal to alleviate the representations given by the petitioner.

5. Raising such obligation on the petitioner, this Writ Petition is disposed of. In view of the order passed in this Writ Petition, notice is not issued to respondents 5 and 6.

6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) Nsr/Lm 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, Kanyakumari District, At Nagercoil.

2.The Superintendent of Police, Kanyakumari District, at Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram, 2/3

4.The Inspector of Police, Thuckalay Police Station, +1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-36390[F] dated 29/11/2021 ) +1 CC to M/s.SPL GP ( SR-36021[F] dated 26/11/2021 ) 25.11.2021 MGJ(03.12.2021) 3P 7C 3/3