Disposed

Tamilarasi v. The District Collector

Madras HC4 Sept 2023WP(MD)/21054/2023

Case brief

AI extract

What is this about?

Senior citizen petitioner filed a writ petition seeking a direction to the District Collector to dispose of her appeal under the Maintenance and Welfare of Parents and Senior Citizens Act within 12 weeks. The court admitted her acknowledgment of receipt as a valid appeal.

What did the court decide?

Direction to treat the application as an appeal and pass orders on merits within twelve weeks.

Tamilarasi Vs The District Collector — Maintenance and Alimony | Madras HC (2023)

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WP(MD)No.21054 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 04.09.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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WP(MD)No.21054 of 2023

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Tamilarasi ... Petitioner

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The District Collector, Sivagangai District, Sivagangai. ... Respondents

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PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondent to dispose of the appeal preferred by the petitioner dated 08.11.2021 under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 within the time stipulated by this Court.

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For petitioner : Mr.P.Venkata Subramanian

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For Respondents: Mr.M.Sarangan, Additional Government Pleader

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ORDER

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The petitioner is a senior citizen.

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The petitioner claims that she has filed an

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.21054 of 2023

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application before the Revenue Divisional Officer

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under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The Revenue Divisional Officer rejected the application, as against which the petitioner, claims that she has preferred an appeal before the District Collector on 08.11.2021. Now she has moved this writ petition for a mandamus directing the District Collector to dispose of her appeal dated 08.10.2021 within a reasonable time.

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2.Mr.M.sarangan, learned Additional Government

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Pleader takes notice on behalf of the respondent / District Collector and submitted that the respondent is not having the copy of the appeal alleged to have been filed by the petitioner. He further submitted that the statute prescribes a time limit and that the aggrieved party has to file the appeal within a period of 60 days, however, the petitioner has not filed any appeal and has filed this writ petition.

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3.In view of the submission of the learned Additional Government Pleader, the petitioner was

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.21054 of 2023

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directed to produce the documents pertaining to her appeal dated 08.11.2021. Today the petitioner has produced an acknowledgment dated 08.11.2021. It appears that the petitioner has made an application in the Grievance Redressal Day before the District Collector.

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4.In view of the above, this writ petition is disposed of with a direction to the first respondent to treat the application submitted by the petitioner dated 08.11.2021 as an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall also produce a copy of the application dated 08.11.2021 to the first respondent.

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5.The writ petition is disposed of in the above term. No costs.

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04.09.2023

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Internet: Yes / No Index : Yes / No

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.21054 of 2023

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NCC : Yes / No DSK To The District Collector, Sivagangai District, Sivagangai.

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https://www.mhc.tn.gov.in/judis

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WP(MD)No.21054 of 2023

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B.PUGALENDHI, J.

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dsk

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WP(MD)No.21054 of 2023

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04.09.2023

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https://www.mhc.tn.gov.in/judis

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Tamilarasi v. The District Collector

Case brief

What is this about?

What did the court decide?

Tamilarasi 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

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