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M. Balasubramani Vs. The Revenue Divisional Officer cum Presiding Officer, Tribunal for Maintenance and Welfare - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P.(MD) No. 16396 of 2016
Judge
AppellantM. Balasubramani
RespondentThe Revenue Divisional Officer cum Presiding Officer, Tribunal for Maintenance and Welfare
Excerpt:
.....relatives. he has no other source of income except the aforesaid properties. 5. in fact, he has filed a maintenance petition (the revenue divisional officer cum presiding officer, pattukottai, thanjavur district, constituted under section 4 of the maintenance and welfare of parents and senior citizens act, 2007). 6. considering the fact that the petitioner's application, dated 08.01.2016 is pending on the file of the respondent/revenue divisional officer-cum-presiding officer, tribunal for maintenance and welfare of parents and senior citizens, this court, at this stage, without traversing upon the merits and contents of the application/petition of the petitioner, dated 08.01.2016, simpliciter, directs the respondent to take up the said application/petition, of the petitioner, dated.....
Judgment:

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the Respondent to take the application of the Petitioner, dated 08.01.2016 on its file and to consider the same and pass appropriate orders within the stipulated time as fixed by this Court.)

1. Heard the Learned Counsel for the Petitioner and the Learned Government Advocate or the Respondent.

2. By consent, the writ petition is taken up for final hearing.

3. No Counter affidavit is filed on behalf of the Respondent.

4. According to the Petitioner, although he is having properties mentioned in the partition suit in O.S.No.38 of 2015 pending on the file of the learned District Judge, Pattukottai, he is suffering for money to meet his day-to-day expenses for himself and his family, for which, he is to depend on his near friends and relatives. He has no other source of income except the aforesaid properties.

5. In fact, he has filed a maintenance petition (The Revenue Divisional Officer cum Presiding Officer, Pattukottai, Thanjavur District, constituted under Section 4 of the Maintenance and Welfare of parents and senior citizens Act, 2007).

6. Considering the fact that the Petitioner's application, dated 08.01.2016 is pending on the file of the Respondent/Revenue Divisional Officer-cum-Presiding Officer, Tribunal for maintenance and Welfare of parents and senior citizens, this Court, at this stage, without traversing upon the merits and contents of the application/petition of the Petitioner, dated 08.01.2016, simpliciter, directs the Respondent to take up the said application/petition, of the Petitioner, dated 08.01.2016 and assign necessary number to it and to dispose of the same as expeditiously as possible and in any event, within a period of six weeks from the date of receipt of a copy of this order (Ofcourse, by passing a reasoned, speaking order on merits by issuing notice to the Petitioner and others concerned, if any, in the subject matter in issue, by adhering to the principles of Natural Justice, if the situation so warrants).

7. With the aforesaid observations and directions, the writ petition is disposed of. No costs.


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