Tamilarasi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Tamilarasi ... Petitioner Vs The District Collector, Sivagangai District, Sivagangai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent to dispose of the appeal preferred by the petitioner dated 08.11.2021 under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 within the time stipulated by this Court.

For petitioner : Mr.P.Venkata Subramanian For Respondents: Mr.M.Sarangan, Additional Government Pleader

ORDER

The petitioner is a senior citizen.

The petitioner claims that she has filed an 1/5

application before the Revenue Divisional Officer under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Revenue Divisional Officer rejected the application, as against which the petitioner, claims that she has preferred an appeal before the District Collector on 08.11.2021. Now she has moved this writ petition for a mandamus directing the District Collector to dispose of her appeal dated 08.10.2021 within a reasonable time. 2.Mr.M.sarangan, learned Additional Government Pleader takes notice on behalf of the respondent / District Collector and submitted that the respondent is not having the copy of the appeal alleged to have been filed by the petitioner. He further submitted that the statute prescribes a time limit and that the aggrieved party has to file the appeal within a period of 60 days, however, the petitioner has not filed any appeal and has filed this writ petition. 3.In view of the submission of the learned Additional Government Pleader, the petitioner was 2/5

directed to produce the documents pertaining to her appeal dated 08.11.2021. Today the petitioner has produced an acknowledgment dated 08.11.2021. It appears that the petitioner has made an application in the Grievance Redressal Day before the District Collector.

4.In view of the above, this writ petition is disposed of with a direction to the first respondent to treat the application submitted by the petitioner dated 08.11.2021 as an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also produce a copy of the application dated 08.11.2021 to the first respondent. 5.The writ petition is disposed of in the above term. No costs.

04.09.2023 Internet: Yes / No Index : Yes / No 3/5

NCC : Yes / No DSK To The District Collector, Sivagangai District, Sivagangai.

4/5

B.PUGALENDHI, J.

dsk 04.09.2023 5/5