Disposed

Pappa v. the Dist. Collector

Madras HC5 May 2020WP(MD)/6099/2020

Case brief

AI extract

What is this about?

Senior citizen petitioner filed writ seeking direction to dispose of her representation regarding harassment and threat to property. Court directed Authorities to examine representation within specified timeline.

What did the court decide?

Directed Revenue Divisional Officer to examine representation, issue notices, and pass orders within specified timeline of 31.07.2020.

Pappa Vs the Dist. Collector — Pension and Retirement Benefits | Madras HC (2020)

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W.P.(MD)No.6099 of 2020

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Pappa

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.05.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.(MD)No.6099 of 2020

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... Petitioner

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Vs.

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The District Collector,

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Ramanathapuram District, Ramanathapuram.

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The Revenue Divisional Officer, Paramakudi,

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Ramanathapuram District.

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3.P.Elamurugu

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... Respondents

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Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to dispose of the petitioner's representation dated 07.03.2020 submitted to protect the petitioner and her property from the hands of the third respondent in the manner known to law within a time frame as fixed by this Court.

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For Petitioner : Mr.B.Prahalad Ravi For R-1 & R-2 : Mrs.J.Padmavathi Devi Special Government Pleader

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O R D E R

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The Writ Petition filed in the nature of Mandamus, seeking a direction against the first and second respondents, namely, the District Collector, Ramanathapuram District and the Revenue Divisional officer, Paramakudi, Ramanathapuram District, to examine and dispose of the representation dated 07.03.2020, given by the petitioner.

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The facts necessitating the filing of the present Writ Petition are that the petitioner claims that she was working in the Highways Department and was maintaining her family consisting of her husband, one son and two daughters. The son and first daughter have been married and they are residing separately. The second daughter, who is shown as the third respondent is not married. The petitioner has stated that her husband had died and after that, the third respondent had been continuously harassing her and has been preventing her from enjoying her dwelling house peacefully and has been trying to dispossess her. Seeking protection under the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Act 2007 and Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules 2009, the petitioner had given a representation on 07.03.2020 to the first and second respondents. https://hcservices.ecourts.gov.in/hcservices/

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1/2

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W.P.(MD)No.6099 of 2020

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The grievance of the learned counsel appearing for the petitioner, who had been heard through video conferencing, was that the first and second respondents have not taken any action on the representation and there is an imminent threat to the life and property of the petitioner. It is also brought to the knowledge of this Court that the petitioner is a senior citizen, aged about 71 years and she is residing alone in the house at Paramakudi in Ramanathapuram District.

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The learned Special Government Pleader has also appeared through video conferencing and had taken notice on behalf of the first and second respondents. She stated that, on enquiry, the said respondents had informed that they do not have a copy of the petitioner's representation dated 07.03.2020.

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In these circumstances, the learned counsel appearing for the petitioner has to make necessary arrangements to give an additional copy of the representation dated 07.03.2020 to the second respondent / Revenue Divisional Officer, Paramakudi, Ramanathapuram District and also give an additional representation, if required. These representations should be given on or before 30.05.2020. The second respondent is requested to examine the said representations and pass appropriate orders, if necessary, after issuing notice to both the petitioner and to the third respondent and also to any other person, whom the said officer deems it necessary and then dispose of the representation on or before 31.07.2020. It would be appreciable, if the second respondent disposes the representation on a much earlier date also. An extended period is given owing to the pandemic situation now prevailing.

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