K. Ayyammal v. The Grievance Officer / Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K. Ayyammal ... Petitioner Vs

1. The Grievance Officer / Sub Collector, (Under Maintenance and Welfare of Parents and Senior Citizens Act 2007), Madurai, Madurai District.

2. S.Nandhini ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to take the appropriate action on the representation sent by the petitioner, dated 08.10.2024 within a time stipulated by this Court. For Petitioner : Mr.K.Jeyamohan For Respondents : Mr.S.Kameswaran (R1) Government Advocate 1/5

ORDER

The present writ petition has been filed seeking a direction to the 1st respondent to take the appropriate action on the representation sent by the petitioner, dated 08.10.2024.

2.By consent of both parties, considering the limited relief sought for by the petitioner, the Writ Petition is taken up for final disposal at the stage of admission itself and notice to the 2nd respondent dispensed with. 3.Heard, the learned counsel appearing for the petitioner, the learned Government Advocate for the first respondent. Perused the materials on record.

4.The petitioner has made a representation to the first respondent on 08.10.2024 under the Maintenance and Welfare of Parents and Senior Citizen Act to take action against the 2nd respondent. Since the same was not considered, this writ petition came to be filed. 2/5

5.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct the respondent to consider the same within a stipulated time. 6.Considering the limited scope of the relief sought for by the petitioner, without going into the merits of the case, this Court hereby direct the first respondent to consider the representation of the petitioner, dated 08.10.2024 and pass appropriate orders in accordance with law, within a period of four (4) weeks, from the date of receipt of a copy of this order. 3/5

7.With the above direction, this writ petition stands disposed of. There shall be no order as to costs.

21.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes PNM To The Grievance Officer / Sub Collector, (Under Maintenance and Welfare of Parents and Senior Citizens Act 2007), Madurai, Madurai District.

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L.VICTORIA GOWRI, J.

PNM ORDER IN 21.11.2024 5/5