IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.28056 of 2023 M.Thamayanthi ...Petitioner -Vs-
1.The District Collector, Office of the District Collector, Ariyalur District.
2.The District Revenue Officer, Office of the District Collector, Ariyalur District.
3.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.
4.M.Selvam
5.M.Nagarajan
6.The District Legal Services Authority, Ariyalur District. ...Respondents (suo motu impleaded Vide the order of this Court dated 25.09.2023 in WP/28056/2023 by NSSJ)
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 & 3 to conduct an enquiry based o petitioner's representations dated 31.08.2023, 15.09.2023, 16.09.2023 and cancel settlements deeds executed by her and petitioner's husband under love and affections.
For Petitioner : Dr.Sampath Kumar For R1 to R3 : Mr.V.Manoharan Additional Government Pleader
ORDER
The petitioner is a senior citizen and has moved at least three complaints/representations between 31.08.2023 and 16.09.2023 to both the District Collector, the first respondent and the Revenue Divisional Officer, the third respondent to initiate action against her sons, the respondents 4 and 5 herein under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act.
2.Mr.V.Manoharan, learned Additional Government Pleader takes notice for the respondents 1 to 3 and submitted that the RDO, third respondent has returned the papers as the petitioner's representation is not made in proper format.
3.This Court would have appreciated if the RDO, third respondent had taken an initiative to help the senior citizen, who is stated to be in her mid 80's and possibly might not be familiar with law and its procedure.
4.This Court suo motu impleads the District Legal Services Authority, Ariyalur District as the 6th respondent and requires the Legal Services Authority to help the senior citizen comply with the due procedure and help her present the complaint before the RDO, third respondent.
5. The RDO/third respondent is informed that in all these matters, he is required to show his obedience more to the spirit of the Act and not so much to the procedure part of it. After all, the cry of a senior citizen in sucker cannot be caged in procedure and deny them the just benefits.
6.The RDO can also contemplate in all such circumstances, if it is possible to nominate some staff of its office to help the senior citizen comply with the procedure, if he is so serious about the procedure.
7.The RDO/third respondent is now required to decide the matter within a period of four (4) weeks from the date on which the representation/complaint is presented before him, after giving due opportunity of being heard to the respondents 4 and 5.
8.The Writ Petition is disposed of accordingly. No costs.
25.09.2023 Tsg To
1.The District Collector, Office of the District Collector, Ariaylur District.
2.The District Revenue Officer, Office of the District Collector, Ariyalur District.
3.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.
4.The District Legal Services Authority, Ariyalur District.
N.SESHASAYEE, J., Tsg
25.09.2023
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