Madras High CourtWP(MD)/25371/2022disposed of

Shanmugam.P v. The Revenue Divisional Officer

2022-11-09Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.25371 of 2022 P.Shanmugam ... Petitioner Vs.

1.The Revenue Divisional Officer, Maintenance Tribunal, Paramakudi Division, Ramanathapuram.

2.P.Balasubramanian ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose the petitioner's application dated 10.10.2022 filed under Section 5 of the Senior Citizenship Act, 2007 within the time stipulated by this Court. For Petitioner : M/s. Babu Rajendran For R1 : Mr.C.Satheesh Government Advocate 1/4

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's application dated 10.10.2022, filed under Section 5 of the Senior Citizenship Act, 2007.

2. The case of the petitioner is that he is the father of the second respondent and he performed marriage to the second respondent during the year 1998. From 1999 onwards, the second respondent is residing with his wife at Sivakasi and he has not given any amount to the petitioner or his wife for their maintenance. Hence, the petitioner has approached the first respondent Tribunal and made an application on 10.10.2022, to recover the property illegally encroached by the second respondent and for maintenance. The first respondent has received the application on 11.10.2022 and he has not passed any orders so far. Therefore, the petitioner has filed the present writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the first respondent.

4. Considering the above facts, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to dispose of the 2/4

petitioner's application dated 10.10.2022, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. 09.11.2022 Index : Yes / No Internet : Yes/ No akv To The Revenue Divisional Officer, Maintenance Tribunal, Paramakudi Division, Ramanathapuram.

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V.BHAVANI SUBBAROYAN, J.

akv W.P.(MD)No.25371 of 2022 09.11.2022 4/4