Therasammal Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2025)

Therasammal Vs The Revenue Divisional Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

First respondent directed to consider the petitioner's representation/petition dated 26.06.2025 under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and pass appropriate orders on merits and in accordance with law within two months from receipt of a copy of the order; notice on the second respondent dispensed with, subject to his being heard before any final order; No costs.

Issue for consideration

Whether the first respondent should be directed (via a writ of Mandamus under Article 226) to take on file the petitioner's petition under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 filed against the second respondent and dispose of it in accordance with law.

Court's answer

The writ petition stands disposed of with a direction to the first respondent (Revenue Divisional Officer, Dindigul) to consider the petitioner's representation/petition dated 26.06.2025 and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of the order; notice on the second respondent was dispensed with as he is the petitioner's son.

Ratio / Principle

Before passing any final order on the petitioner's Act petition, the second respondent shall be heard.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P(MD)No.22503 of 2025 (C. Saravanan, J.) dated 19.08.2025 — Therasammal v. Revenue Divisional Officer, Dindigul & Anr.: Petitioner (senior citizen) sought a writ of Mandamus under Article 226 directing the Revenue Divisional Officer, Dindigul (R1) to take on file her petition dated 26.06.2025 under the Maintenance and Welfare of Parents and Senior Citizen Act, 2007 against her son Jasten Bernando (R2), who had earlier obtained a decree in O.S.No.292 of 2022 (Additional Sub Court, Dindigul, 27.09.2023), and dispose of it per law. On the Government Advocate's undertaking, the High Court disposed of the writ petition, directing R1 to consider the representation dated 26.06.2025 and pass appropriate orders on merits and in accordance with law within two months from receipt of the order's copy, dispensing with notice to R2 while requiring that he be heard before any final order; No costs.

W.P(MD)No.22503 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 19.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN

W.P(MD)No.22503 of 2025

Therasammal ... Petitioner

Vs.

1.The Revenue Divisional Officer, O/o the Revenue Divisional Office, Dindigul.

2.Jasten Bernando ...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to take on file the petition presented by the petitioner under the Maintenance and welfare of parents and Senior Citizen Act, 2007 against the second respondent and dispose the same in accordance with law within the period that may be stipulated by this court.

For Petitioner : Mr.V.G.Vallarasu Chezhiyan For R1 : Mr.K.R.Badurus Zaman Government Advocate

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

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W.P(MD)No.22503 of 2025

ORDER

This writ petition has been filed for a writ of Mandamus to direct the first respondent to take on file the petition filed by the petitioner under the Maintenance and welfare of parents and Senior Citizen Act, 2007 against the second respondent and dispose of the same in accordance with law.

It appears that the second respondent has approached the civil Court and has obtained a decree in O.S.No.292 of 2022 before the Additional Sub

Court, Dindigul on 27.09.2023.

In this background, the petitioner claims to have experienced certain difficulties with the second respondent and therefore, approached the first respondent on 26.06.2025 under the provisions of the Maintenance and welfare of parents and Senior Citizen Act, 2007.

The learned Government Advocate for the first respondent submits that the petitioner's representation/petition for appropriate relief under the provisions of the Act will be considered and disposed of on merits within a period of two months.

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

W.P(MD)No.22503 of 2025

Recording the above submission, the writ petition stands disposed of after dispensing with notice on the second respondent, who is none other than son of the petitioner, by directing the first respondent to consider the petitioner's representation/petition dated 26.06.2025 and pass appropriate orders on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. It is needless to state that before passing any final order, the second respondent shall be heard. No costs.

19.08.2025

NCC : Yes / No Index : Yes / No Internet : Yes / No sn

To

The Revenue Divisional Officer, O/o the Revenue Divisional Office, Dindigul.

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

W.P(MD)No.22503 of 2025

C.SARAVANAN, J .

sn

W.P(MD)No.22503 of 2025

19.08.2025

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