Parvathi v. The Revenue Divisional Officer Cum Senior Citizen Maintenance

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Parvathi ... Petitioner Vs 1.The Revenue Divisional Officer, Cum Senior Citizen Maintenance, Mainenance and Welfare Tribunal Presiding Officer, Madurai North Taluk, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Thallakulam Police Station, Madurai City.

4.M.Jegan

5. Devakani

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing 1/6

the first respondent to pass an order on the petition filed by the petitioner under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 within time frame fixed by this Honourable Court and consequently direct the respondents 1 to 3 recover the petitioners properties sale deed in Document Nos.2494/1994 and 3277/2004 from the 4th respondent and hand over the same to the petitioner.

For Petitioner : Mr.K.Sathish Kumar For R1 : Mr.M.Sarangan Additional Government Pleader For R2 & R3 : Mr.P.Kottaichamy Government Advocate

O R D E R

The case of the petitioner is that the petitioner has submitted an application before the District Collector, Madurai under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, seeking monthly maintenance of Rs.5000/- from her son and also to recover the certain original documents from him. The first respondent has forwarded the application of the petitioner to the third respondent for taking necessary action under Section 21 of the 2/6

Act. As instructed by the third respondent, the petitioner has also given a complaint against her son before the third respondent and CSR No.827/2023 has also been issued. However, no action has been taken by the respondents. In the meantime, the petitioner has also filed an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on 24.08.2023 before the first respondent and filed this writ petition for a Mandamus, to direct the first respondent to pass an order within a stipulated time.

2.Mr.M.Sarangan, learned Additional Government Pleader appearing for the first respondent submits that the petitioner has submitted her application on 24.08.2023 and the same was also taken on file. Notice has been issued to the petitioner's son and after conducting an enquiry, action would be taken in accordance with law.

3/6

3.Recording the submission made by the learned Additional Government Pleader that notice has been issued to the petitioner's son for an enquiry, this writ petition is disposed of with a direction to the first respondent to conclude the proceedings as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 21.09.2023 NCC : Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The Revenue Divisional Officer, Cum Senior Citizen Maintenance, Mainenance and Welfare Tribunal Presiding Officer, Madurai North Taluk, Madurai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Thallakulam Police Station, Madurai City.

5/6

B.PUGALENDHI, J.

vrn Order made in 21.09.2023 6/6