Disposed

Kothandaraman, v. The District Collector

Madras HC11 May 2017WP/11772/2017

Case brief

AI extract

What is this about?

Senior citizen petitioner filed writ petition seeking writ of mandamus directing District Collector to expedite maintenance application under MAWS Act 2007 moved by him against non-maintaining sons due to family dispute.

What did the court decide?

Directed 1st respondent to consider petitioner's representation dated 24.04.2017 and pass orders on merits within six weeks providing opportunity to respondents 3 and 4.

Kothandaraman, Vs The District Collector — Pension and Retirement Benefits | Madras HC (2017)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

CORAM

¶3

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM

¶4

W.P. No. 11772 of 2017
&
W.M.P. No. 12747 of 2017
Kothandaraman ..Petitioner
Vs.
1. The District Collector,
Thiruvarur District,
Thiruvarur.
2. The District Superintendent of Police,
Thiruvarur District, Thiruvarur.
3. K. Satishkumar
4. K. Dineshkumar ..Respondents

¶5

Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the respondents to take up the application of the petitioner under Section 5 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) expeditiously within a fixed time frame.

¶6

The prayer in the writ petition is for issuance of a Writ of Mandamus directing the respondents to take up the application of the petitioner under Section 5 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) expeditiously within a fixed time frame.

¶7

https://hcservices.ecourts.gov.in/hcservices/

¶8

The case of the petitioner is that he is a senior citizen and he has got three sons and one daughter. The petitioner further states that his eldest son, the 3^rd respondent herein, is a teacher by profession, his second son, the 4^th respondent herein, is employed as a Village Assistant and his youngest son is employed in a private concern. The petitioner is a farmer, who is in possession of arable land and in spite of his old age, he is continuing with his agricultural work in the said land.

¶9

The grievance of the petitioner is that though his sons are employed, they are not willing to contribute to the family expenses and due to some family dispute, he and his wife have been driven out of their home, by the 3^rd and 4^th respondents and the petitioner is no longer allowed to cultivate his land. Since the sons of the petitioner are not willing to maintain him, the petitioner submitted a representation dated 24.04.2017 to the 1^st respondent, in order to avail the remedy provided under Sections 4 and 5 of Act 56 of 2007. However, so far, no action has been taken on the said representation. Hence, the present writ petition.

¶10

Heard Mr.M. Selvam, learned counsel for the petitioner and Mr.A.N. Thambidurai, learned Special Government Pleader, who takes notice on behalf of respondents 1 & 2 and perused the records.

¶11

Considering the limited scope of the relief sought and the facts and circumstances of the case, the writ petition is disposed of directing the 1^st respondent to consider the representation of the petitioner dated 24.04.2017 and pass orders, on merits, in accordance with law and after providing an opportunity to respondents 3 and 4, within a period of six weeks from the date of receipt of a copy of this order. No costs. Connected W.M.P. is closed.

¶12

Assistant Registrar

¶13

True Copy Sub-Assistant Registrar

¶14

¶15

The District Collector, Thiruvarur District, Thiruvarur.

¶16

https://hcservices.ecourts.gov.in/hcservices/

¶17

The District Superintendent of Police, Thiruvarur District, Thiruvarur.

¶18

+1 CC to Mr.M. Selvam, Advocate sr 37312

¶19

+1 CC to Govt. Pleader sr 37337

¶20

W.P. No. 11772 of 2017

¶21

GJ(CO) sp/15/5

¶22

https://hcservices.ecourts.gov.in/hcservices/

Kothandaraman, v. The District Collector

Case brief

What is this about?

What did the court decide?

Kothandaraman, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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