IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.11.2023 CORAM THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 15244 of 2022 and W.M.P. Nos. 14418 of 2022 and 16458 of 2023 V.Ramar … Petitioner -vs-

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Attur, Salem District.

3. The Superintendent of Police, Salem City, Salem District.

4. The Inspector of Police, Gangavalli Police Station, Salem District.

5. Rajamani

6. Jeyaprakash

7. Ramajaya Naresh

8. Jayasudha ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the First to Fourth Respondents to accord protection to the Petitioner and the Petitioner's wife Alagammal and prevent the atrocities of the Fifth to Eighth Respondents against the Petitioner under the provisions of Maintenance and Welfare of Parents and Senior Citizen Act, 2007 and Rules made thereon.

For Petitioner : Mr. C.K.M.Appaji For Respondents : Mr. U.Baranidharan, Additional Government Pleader (for R1 & R2)

Mr. S.Rajkukmar, Additional Public Prosecutor (for R3 & R4)

Ms. Wahida Begum (for R5 & R7) Not Ready in Notice (for R6 & R8)

O R D E R

Heard Mr. C.K.M.Appaji, Learned Counsel for the Petitioner, U.Baranidharan, Learned Additional Government Pleader appearing for the First and Second Respondents, Mr. S.Rajkumar, Learned Additional Public Prosecutor appearing for the Third and Fourth Respondents and Ms. Wahida Begum, Learned Counsel for the Fifth and Seventh Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2. It is the case of the Petitioner that he is a senior citizen and he had made a representation dated 19.11.2021 to the First Respondent seeking protection to him and his wife Alagammal against atrocities said to have been committed against them by the Fifth to Eighth Respondents, but as it did not evoke any response, despite the earlier order dated 15.07.2021 in W.P. No. 14462 of 2021 passed by this Court, it has necessitated the filing of this Writ Petition.

3. Learned Counsel for the Petitioner contends that the said representation has been made to the First Respondent invoking Rule 20(2)(i) of the Tamil Nadu Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, which reads as follows:-

“20. Duties and powers of the District Collector.

....

(2) It shall be the duty of the District Collector to,-

(i) ensure that life and property of senior citizens of the district are protected and they are able to live with security and dignity;

....”

4. The Second Respondent has filed Counter-Affidavit dated 11.07.2022, which reads as follows:-

“3. It is submitted that as per the directions received from the Hon'ble High Court, the Petitioner and the other Respondents have been summoned for enquiry and conducted enquiry in this office on 27.09.2021. The Fifth Respondent being the daughter- in-law of the Petitioner have approved and stated that the Sixth and Seventh Respondents are her sons and employed in foreign country in London. The Eighth Respondent is her daughter who was married and living in Coimbatore. In such circumstances, I have forwarded the representation of the Petitioner to the Deputy Superintendent of Police, Attur to make appropriate enquires and conclude whether necessary protection should be given to the Petitioner's family under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Accordingly, the Sub-Inspector of Police, Gangavalli Police Station has filed a report to the effect that the Petitioner has failed to give equal shares to the members cum heirs of him and therefore there arisen some misunderstanding and hatred between him and his deceased elder son Chinnasamy family members impleaded in the Writ Petition as Fifth to Eighth Respondents. Further, it has become the known fact that one of fear that the apparents of his deceased son being the Fifth to Eighth Respondents will claim shares in his property, h