Madras High CourtWP(MD)/26396/2019disposed of

Vasantha v. The Revenue Divisional Officer/

2019-12-12Honourable Mrs Justice Pushpa Sathyanarayana2 pages

W.P(MD)No.26396 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.12.2019

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.26396 of 2019 Vasantha ... Petitioner Vs.

1.The Revenue Divisional Officer/ Sub-Collector, Palani, Dindigul District.

2.Rani 3.Sakthivel ... 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 of the Petitioner's application dated 25.6.2019 filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens At, 2007, within the time fixed by this Court.

For Petitioner : Mr.R.Subramanian For Respondent-1 :Mr.M.Pandiarajan Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first respondent to dispose of the Petitioner's application dated 25.6.2019 filed under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens At, 2007, within the time fixed by this Court.

2.Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the first respondent.

3. By consent of both parties, the main Writ Petition is taken up for final disposal.

4.The case of the petitioner is that the Petitioner is the mother of second respondent and mother-in-law of the third https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.26396 of 2019 respondent. After marriage, the second and third respondents lived in the house owned by the Petitioner and her husband. Due to difference of opinion between the Petitioner and respondents 2 and 3, the Petitioner asked them to vacate the said premises. Though several litigations were initiated, the respondents 2 and 3 had never come to any amicable settlement. Hence the Petitioner has submitted an application to the first respondent on 25.6.2019 under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens At, 2007 for evicting them from her residential house and to pay a sum of Rs.7500/- towards maintenance. The said application is said to be still pending, without any progress. Hence, the petitioner has come forward with the present Writ Petition for the relief stated supra.

5.When the matter is taken up for hearing today, the learned Additional Government Pleader appearing for the first respondent would submit that the enquiry on the above application is over and only final order has to be passed.

6.Considering the above-said submission and considering the urgency of the matter, as it involves the life of the Petitioner, who is a senior citizen, if final order is not yet passed on the application submitted by the Petitioner, dated 25.6.2019, the first respondent is directed to consider the same and pass final orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) vsn To The Revenue Divisional Officer/ Sub-Collector, Palani, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-104992[F] dated 13/12/2019 ) W.P(MD)No.26396 of 2019 12.12.2019 KK/SAR/20.12.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2