Madras High CourtWP(MD)/26054/2019disposed of

Gurusamy v. The Revenue Divisional Officer

2020-01-06Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26054 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.01.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26054 of 2019 Gurusamy ... Petitioner Vs.

1.The Revenue Divisional Officer, Sattur, Virudhunagar District.

2.The District Registrar, District Registration Office, Virudhunagar, Virudhunagar District.

3.The Inspector of Police, North Police Station, Rajapalayam, Virudhunagar District.

4.Selvam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to take action against the fourth respondent under provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. For Petitioner: Mr.R.Murugappan For R2 : Mr.V.Anand Government Advocate For R1 and R3 : Mrs.J.Padmavathi Devi, Spl.Govt.Pleader For R4 : Mr.T.Senthilkumar

ORDER

Heard Mr.R.Murugappan, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate appearing for the first respondent, Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the first and third respondents and Mr.T.Senthilkumar, learned counsel appearing for the fourth respondent.

2.This writ petition has been filed seeking for issuance of a writ of Mandamus, directing the first respondent to take action against the fourth respondent under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. 3.In the affidavit filed in support of this petition, it has been stated that the petitioner is the father of the fourth https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26054 of 2019 respondent herein and the petitioner has given a complaint against one of his sons, in whose favour, the petitioner had executed a settlement deed. In the complaint, the petitioner alleged that the said son viz., the fourth respondent herein is not taking care of him and hence, a complaint has been given under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The said complaint was given on 06.11.2019 to the first respondent.

4.On 06.12.2019, this Court had issued notice to the fourth respondent to resolve the dispute between the parties amicably. 5.In view of the fact that the mutual allegation of both the parties are involving the facts, this Court directs the first respondent to consider the representation of the petitioner, dated 06.11.2019, on merits and in accordance with law, after issuing notice to all the parties concerned including the other family members of the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

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

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

1.The Revenue Divisional Officer, Sattur,Virudhunagar District.

2.The District Registrar, District Registration Office, Virudhunagar,Virudhunagar District.

3.The Inspector of Police, North Police Station, Rajapalayam,Virudhunagar District.

+1 CC to M/s.T.SENTHILKUMAR, Advocate ( SR-341[F] dated 06/01/2020 ) +1 CC to M/s.SPL GP ( SR-439[F] dated 07/01/2020 ) +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-450[F] dated 07/01/2020 ) W.P(MD)No.26054 of 2019 06.01.2020 NS SMA/05/02/2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2