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Madras High CourtWP(MD)/25228/2019disposed of

R.Meena v. The District Collector

2019-12-11Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.25228 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.25228 of 2019 R.Meena ... Petitioner Vs.

The District Collector, The Local Level Committee, Under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, Madurai District, Madurai.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to pass appropriate order in the Application ID No.TMMMD3971895512 made by the petitioner by considering her representation dated 07.11.2019 and pass order on merits and in accordance with law within the period that may be stipulated by this Court.

For Petitioner : Mr.M.Jerin Mathiew For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

Heard Mr.M.Jerin Mathew, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

2.This writ petition has been filed seeking for a direction to the respondent to pass appropriate orders in the Application ID No.TMMMD3971895512, made by the petitioner, by considering her representation dated 07.11.2019 and pass order on merits and in accordance with law.

3.In the affidavit filed in support of the petition, it has been stated that after death of the petitioner's father, her mother married one Vasanthakumar on 21.05.2014 and at the time of marriage, the said Vasanthakumar had a 26 years old boy viz., Jai Prakash, who was suffering from autism was not able to lead a independent life. Thereafter, the said Vasanthakumar died on 12.12.2016 and subsequently, the petitioner's mother also died on 09.12.2017. While so, the said Jai Prakash was fully under the petitioner's care and custody and nobody wants to take care of him. Hence, she made an application in ID No.IMMMD3971895512, under the National Trust for the Welfare of Persons With Autism, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.25228 of 2019 Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, to appoint the petitioner as a guardian, before the respondent. Since her application was not considered, she sent a detailed representation dated 07.11.2019 to the respondent. So far no action has been taken. Hence, the petitioner is before this Court.

4.The learned Government Advocate states that the respondent will consider the claim of the petitioner in accordance with law and dispose of the same within the time stipulated by this Court.

5. In such view of the matter, without going into the merits of the petitioner's claim, the respondent is directed to consider the representation of the petitioner dated 07.11.2019 on merits and in accordance with law as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns To:

The District Collector, The Local Level Committee, Under the National Trust for the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999, Madurai District, Madurai.

+1 CC to SPL.GP ( SR-104667[F] dated 12/12/2019 ) +1 CC to MR.M.JERIN MATHEW, Advocate ( SR-104921[F] dated 13/12/2019 ) W.P(MD)No.25228 of 2019 11.12.2019 KM/(09.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2