Madras High CourtWP(MD)/28553/2024disposed of

Kadhar Batcha v. The District Collector Cum The Chairman Of Appellate Tribunal

2024-11-28Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)Nos.24208 and 24209 of 2024 Kadhar Batcha ... Petitioner Vs.

1.The District Collector cum, The Chairman of Appellate Tribunal, (Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007), Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer cum The Chairman of Sub Divisional Tribunal, (Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007), Illuppur, Pudukkottai District.

3.Sulaiman 4.Kasim ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records relating to the impugned order passed by the first respondent by his proceedings in Na.Ka.C6/28287/2022, dated 18.05.2023 and quash the same. 1/4

For Petitioner : Mr.D.Rameshkumar For Respondents 1 & 2 : Mr.T.Amjad Khan Government Advocate

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited scope of relief sought for, notice to the respondents 3 and 4 is dispensed with. 2.Challenging the order passed by the first respondent dated 18.05.2023, this Writ Petition came to be filed. 3.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 an 2 and carefully perused the entire materials available on record. 4.The petitioner made an application under Section 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as against the respondents 3 and 4. The second respondent by order dated 31.08.2021, passed favourble orders to the petitioner. Challenging the same, the respondents 3 and 4 preferred an Appeal before the first respondent under Section 16 of the aforesaid Act. Appreciating the same, without giving an opportunity of hearing to the petitioner, the order passed by the second respondent has been cancelled by the first 2/4

respondent. Hence, this Writ Petition is filed. 5.Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, makes it clear that any citizens or a parent as the case may be, aggrieved by an order of Tribunal may within 16 days from the date of order prefer an Appeal to the Appellate Tribunal. However, there is no provision in the said Act for the children to prefer an Appeal. In view of the same, the first respondent ought not to have taken the Appeal on file and pass order in it.

6.Hence, the impugned order passed by the first respondent dated 18.05.2024 is hereby quashed. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

28.11.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/4

L.VICTORIA GOWRI, J.

Mrn To 1.The District Collector cum, The Chairman of Appellate Tribunal, (Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007), Pudukkottai, Pudukkottai District.

2.The Revenue Divisional Officer cum The Chairman of Sub Divisional Tribunal, (Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007), Illuppur, Pudukkottai District.

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