Allowed

Subbaiya v. The District Collector

Madras HC4 Sept 2024WP(MD)/19395/2024

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court allowed a writ petition filed by a plaintiff to compel the Appellate Tribunal Authority to enforce a maintenance order of Rs.5,000/month awarded to him. The Court directed the Authority to complete enforcement within three months.

What did the court decide?

Direction to the Appellate Tribunal Authority to enforce the maintenance order within three months of the date of receipt of the order.

Subbaiya Vs The District Collector — Maintenance and Alimony | Madras HC (2024)

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W.P(MD).No.19395 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.09.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P(MD).No.19395 of 2024

Subbaiya

... Petitioner

Vs.,

1.The District Collector, Appellate Tribunal Authority understanding Maintenance and Welfare of Parents and Senior

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Citizens Act, 2007 Viruthunagar, Viruthunagar District.

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2.The Revenue Divisional Officer/Sub Collector, Tribunal Authority under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Virudhunagar, Virudhunagar District.

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3.The Inspector of Police, Town Police Station, Srivilliputhur Town, Viruthunagar District.

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4.Kaliyanandi

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5.Kaliyanandi

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... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 2 enforce the maintenance order

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

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W.P(MD).No.19395 of 2024

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passed by the first respondent in his proceedings Na.Ka.C4/137/2021 dated 01.11.2021 against order passed by the second respondent in O.Mu.No.A2/3847/2020 dated 27.10.2020 under the provision of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to give force and effect to recover the same under Section 128 in Chapter IX of Criminal Procedure Code from the fourth and fifth respondents.

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For Petitioner : Mr.R.Jegadeeswaran

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For Respondents : Mr.D.Sadiq Raja (For R1 to R3) Additional Government Pleader

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ORDER

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This writ petition has been filed seeking for issuance of Writ of

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Mandamus directing the respondents 1 and 2 to enforce the maintenance order passed by the first respondent in his proceedings Na.Ka.C4/137/2021 dated 01.11.2021.

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Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for the respondents 1 to 3. Notice was served to the private respondents and the same was returned as 'unclaimed'.

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

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W.P(MD).No.19395 of 2024

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The case of the petitioner is that he is the father of the respondents 4 and 5. Since the respondents 4 and 5 started to neglect the petitioner to maintain, the petitioner lodged a complaint before the second respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'Act' for brevity). After enquiry, the second respondent passed order directing the respondents 4 and 5 to pay a sum of Rs.1000/- per month as maintenance to the petitioner. Aggrieved over the same, the petitioner filed an appeal before the first respondent and the same was disposed of in Na.Ka.No.C4/137/2021, dated 01.11.2021 directing the respondents 4 and 5 to pay

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a sum of Rs.5,000/- per month as maintenance to the petitioner. But, the respondents 4 and 5 has not complied with the said order. Hence, the petitioner is before this Court.

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Considering the facts and circumstances of the case, if the maintenance amount has not been paid, the very object and purpose of the Act will be defeated. Therefore, as per Section 11 of the Act, the maintenance order has to be enforced by the authority concerned. Accordingly, the first respondent is directed to enforce the maintenance order made in Na.Ka.No.C4/137/2021, dated

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

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W.P(MD).No.19395 of 2024

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01.11.2021. Such exercise shall be completed within a period of three months

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from the date of receipt of a copy of this order.

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With the above direction, the Writ Petition is disposed of. No costs.

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04.09.2024

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NCC : Yes/No Index : Yes/No Rmk

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1.The District Collector, Appellate Tribunal Authority understanding Maintenance and Welfare of Parents and Senior

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Citizens Act, 2007 Viruthunagar, Viruthunagar District.

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2.The Revenue Divisional Officer/Sub Collector, Tribunal Authority under Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Virudhunagar, Virudhunagar District.

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3.The Inspector of Police, Town Police Station, Srivilliputhur Town, Viruthunagar District.

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

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W.P(MD).No.19395 of 2024

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N.SATHISH KUMAR, J.

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Rmk

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W.P(MD).No.19395 of 2024

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04.09.2024

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

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Subbaiya v. The District Collector

Case brief

What is this about?

What did the court decide?

Subbaiya v. The District Collector

Case brief

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What did the court decide?

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