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Erakkamuthu S v. The District Collector

Madras HC29 Apr 2022WP(MD)/8711/2022

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court directed the District Collector to dispose of a representation filed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within four months after affording a fair and personal hearing to the petitioner and the son.

What did the court decide?

Directed the District Collector to pass final orders on the representation within four days from the date of receipt of the order after a fair hearing including the right of personal hearing.

Erakkamuthu S Vs The District Collector — Pension and Retirement Benefits | Madras HC (2022)

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W.P.(MD)No.8711 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022 CORAM: THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

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W.P.(MD)No.8711 of 2022

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S.Erakkamuthu ... Petitioner Vs 1.The District Collector, Kanniyakumari District, Kanniyakumari. 2.The Revenue Divisional Officer, Kanniyakumari District. 3.The District Registrar, District Registrar Office, near S.L.B, Nagercoil. 4.The Sub-Registrar, Thovalai, Kanniyakumari.

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5.Swami Vivekananthar ... Respondents PRAYER:: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to conduct enquiry on the petition dated 22.08.2021 given by the petitioner before the first respondent, as per the Section 23 of the Maintenance and Welfare of the Parent and Senior Citizen Act, 2007. For Petitioner : Mr.M.Sankar For R-1 to R-4 : Mr.S.Shanmugavel Additional Government Pleader

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PRAYER:: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to conduct enquiry on the petition dated 22.08.2021 given by the petitioner before the first respondent, as per the Section 23 of the Maintenance and Welfare of the Parent and Senior Citizen Act, 2007.

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ORDER

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This writ petition has been filed for a Mandamus seeking for a direction to the first respondent herein to conduct enquiry on the petition, dated 22.08.2021, given by the petitioner before the first respondent, as per the Section 23 of the Maintenance and Welfare of the Parent and Senior Citizen Act, 2007, within a time frame to be fixed by this Court.

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2.The petitioner is a senior citizen and she has submitted an application under Section 23 of the Maintenance and Welfare of Parent and Senior Citizen's Act, 2007, against the 5^th respondent, who is her son. The petitioner seeks for early disposal of her representation.

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

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W.P.(MD)No.8711 of 2022

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3.No prejudice will be caused to the respondents, if the petitioner's representation, dated 22.08.2021, given under the provisions of Section 23 of the Maintenance and Welfare of the Parent and Senior Citizen Act, 2007, is disposed of expeditiously, within a time frame to be fixed by this Court, after affording a fair hearing to the petitioner and the fifth respondent.

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4.For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's representation/application, dated 22.08.2021, filed under Section of 23 of the Maintenance and Welfare of Parent and Senior Citizen's Act, 2007, against the fifth respondent, within a period of four months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the fifth respondent, including granting them the right of personal hearing.

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5.With the aforesaid directions, this writ petition is disposed of. No costs.

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// True Copy //

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Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

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1.The District Collector, Kanniyakumari District, Kanniyakumari.

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2.The Revenue Divisional Officer, Kanniyakumari District.

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3.The District Registrar, District Registrar Office, near S.L.B, Nagercoil.

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4.The Sub-Registrar, Thovalai, Kanniyakumari.

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+1 CC to M/s.SPL.GP ( SR-23318[F] dated 04/05/2022 )

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W.P.(MD)No.8711 of 2022 29.04.2022

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SA(19.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/

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Erakkamuthu S v. The District Collector

Case brief

What is this about?

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Erakkamuthu S v. The District Collector

Case brief

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