Senior citizen sought mandamus to enforce a maintenance order and evict his son from his house. Court directed police respondents to consider his representation on merits within eight weeks after hearing interested parties, without expressing views on merits.
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W.P.(MD)No.11077 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.11077 of 2025
Selvam
: Petitioner
Vs.
: Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 1/7
W.P.(MD)No.11077 of 2025
to implement the 1st respondents order dated 20.10.2023 with the help of the 4th respondent to evict the 5th respondent from the house belongs to the petitioner and recover the maintenance amount from 5th respondent as per the petitioners representation dated 01.04.2025.
For Petitioner : Mr.B.Kumaresan
For Respondents : Mr.C.Venkatesh Kumar
Special Government Pleader R1 & R4 Mr.Gnanasekaran Government Advocate (Crl.) for R2 & R3
O R D E R
This Writ Petition has been filed for the issuance of a Writ
of Mandamus, directing the respondents 2 to 4 to implement the order of the first respondent dated 20.10.2023, with the assistance of the fourth respondent, to evict the fifth respondent from the house belonging to the petitioner and to recover the maintenance amount from the fifth respondent, in accordance with the petitioner's representation dated 01.04.2025 .
both parties, the Writ Petition is taken up for final disposal at the
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admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the fifth respondent is dispensed with.
application under Section 6 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Senior Citizens Act) on 11.05.2023, the first respondent passed an order dated 20.10.2023 directing the fifth respondent (elder son) and his younger brother to pay Rs.2,000/- each as monthly maintenance. However, the fifth respondent has not complied with the order and instead, trespassed into the petitioner’s house and forcibly evicted him. In this regard, the petitioner submitted a representation dated 01.04.2025 to the respondents 1 to 3, requesting them to evict the fifth respondent from the house belonging to the petitioner and to recover the maintenance amount. As no action has been taken till date, the petitioner has now filed the present writ petition.
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orders, within a time frame that may be stipulated by this court.
of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
direction to the respondents 2 and 3 to consider the petitioner's representation dated 01.04.2025 , on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that
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it is open to the respondents 2 and 3 to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
22.04.2025
Index : Yes / No Internet : Yes / No PKN
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W.P.(MD)No.11077 of 2025
To
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W.P.(MD)No.11077 of 2025
VIVEK KUMAR SINGH, J.
PKN
W.P.(MD) No.11077 of 2025
22.04.2025
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1 issue framed by the court
Should respondents 2 and 3 be directed to consider the petitioner's representation seeking eviction of the fifth respondent and recovery of maintenance under the Senior Citizens Act order?
2 provisions across 2 enactments
Selvam
The Revenue Divisional Officer, Usilampatti, Madurai District
The Deputy Superintendent of Police, Usilampatti Circle, Usilampatti, Madurai District
The Inspector of Police, T.Ramanathapuram Police Station
The Village Administrative Officer, Melathirumanickam Village
M.Jeyaraj
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
