Indirani.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.22434 of 2023 S.Indirani ... Petitioner Vs.

1.The District Collector, O/o. The District Collector, Dindigul District.

2.The Superintendent of Police, O/o. The Superintendent of Police, Dindigul, Dindigul District.

3.The Deputy Superintendent of Police, O/o. The Superintendent of Police, Nilakottai, Nilakottai Taluk, Dindigul District.

4.The Inspector of Police, O/o/ the Inspector of Police, Nilakottai, Nilakottai Taluk, Dindigul District.

5.S.Rajamohan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to 1/5

consider the representation of the petitioner made on 10.07.2023 and 19.08.2023 and protect the petitioner and her peaceful residence in her dwelling house in survey No.228/2A situated at Kokkupatti, Nilakottai Taluk, Dindigul District, and to ensure the life of the petitioner is protected as per Rules 20 and 21 of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009. For Petitioner : Mr.S.Lenin Prabu For 1st Respondent : Mr.C.Sathish Government Advocate For Respondents 2 & 3 : Mr.A.Albert James Government Advocate

ORDER

This Writ Petition is filed, seeking to direct the respondents 1 and 4 to consider the petitioner's representation dated 10.07.2023 and 19.08.2023, to protect the petitioner and her peaceful residence in her dwelling house in Survey No.228/2A, situated at Kokkupatti, Nilakottai Taluk, Dindigul District.

2.Heard the learned counsels either side and carefully perused the entire materials available on record.

3.The petitioner is required to make an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to the first respondent forthwith. On receipt of the same, the District Collector is directed to forward the same to the learned Tribunal constituted under Section 7 of the aforesaid Act, 2007. The learned 2/5

Tribunal, after giving an opportunity of hearing to the fifth respondent by conducting enquiry in the presence of the petitioner, is directed to pass appropriate orders in terms of the Provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and ensure the safety and protection of the petitioner, more particularly, considering Section 2(b) of the aforesaid Act within a period of 12 weeks from the date of receipt of copy of this order.

4.Accordingly, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 06.12.2024 NCC : Yes / No Index :

Yes / No Internet :

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To 1.The District Collector, O/o. The District Collector, Dindigul District.

2.The Superintendent of Police, O/o. The Superintendent of Police, Dindigul, Dindigul District.

3.The Deputy Superintendent of Police, O/o. The Superintendent of Police, Nilakottai, Nilakottai Taluk, Dindigul District.

4.The Inspector of Police, O/o/ the Inspector of Police, Nilakottai, Nilakottai Taluk, Dindigul District.

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L.VICTORIA GOWRI, J.

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