The Collector has the power to condone the delay in filing an appeal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and to consider the statements of the petitioner's daughter and son, which were overlooked by the Revenue Divisional Officer/Tribunal.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.01.2023

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN

W.P.No.34646 of 2022

Mr.K.Kandhasamy

... Petitioner

..Vs..

1.

The District Collector/Appellate Tribunal

For Senior Citizen Maintenance and Welfare

Namakkal District, Namakal.

2.

The Revenue Divisional Officer/Tribunal

For Senior Citizen Maintenance and Welfare

Namakkal District, Namakkal.

3.

The Sub Registrar,

Rasipuram,

Namakkal District.

... Respondents

PRAYER: Petition under Article 226 of the Constitution of India,

praying for the issue of a Writ of Mandamus directing the second

respondent to pass appropriate orders on the petition filed by the

petitioner under the Maintenance and Welfare of Parents and Senior

Citizens Act, 2007 dated 14.11.2022 by considering the same within

the time limit that may be stipulated by this Court.

***

For Petitioner

:: Mr. P.Ganesan

For Respondents

:: Mr. V.Bharanidaran

Additional Government Pleader

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ORDER

The Writ Petition has been filed in the nature of a Mandamus

directing the second respondent/ Revenue Divisional Officer/Tribunal,

Senior Citizen Maintenance and Welfare Act for Namakkal District, to pass

necessary orders on the representation dated 14.11.2022.

2.

The petitioner is a Senior Citizen. He had executed a Setttlement

Deed in favour of his younger son K.Manivel. The settlement deed dated

24.12.2018 had been registered as Document No. 5493 of 2018 in the Office

of the sub Registrar, Rasipuram, Namakkal District.

3.

Aggrieved that his son was not maintaining him, the petitioner

had preferred a regular petition before the second respondent/Revenue

Divisional Officer/Tribunal under the provisions of the Senior Citizen

Maintenance and Welfare of Parents and Senior Citizen Act, 2007. During

the said hearing of the petition, the daugther of the petitioner herein, Revathy

had given a statement that the petitioner was staying with her and that her

brother K.Manivel, the settlee was not looking after the father and had

actually misbehaved with the petitioner/father.

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4.

The grievance of the writ petitioner is that over looking those

statements, the second respondent appears to have passed an order on

25.07.2022 under the provisions of the Act. The petitioner has an appellate

remedy available before the District Collector. However, he had given a

representation before the second respondent/Revenue Divisional Officer in

the nature of an appeal. In the said representation, he had also stated that he

filed an Appeal before the Collector but that there was no progress in the said

appeal.

5.

Heard the learned counsel for the petitioner and also the learned

Additional Government Pleader Mr.V.Bharanidaran.

6.

In view of the facts stated, the following directions are issued:-

(i)

Let the petitioner file a fresh appeal before the Collector

and even if it is complained that the petitioner's appeal is time barred or

barred by the law of limitation, I would condone the delay since the petitioner

had already given a representation before the Collector. The petitioner

should file such fresh appeal before the Collector on or before 31.01.2023. If

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the said appeal is filed on or before 31.01.2023, the first respondent/ District

Collector / Appellate Tribunal, should take the same on record, issue notice

not only to the son K.Manivel but also to the daughter Revathi and examine

the statements they had already given before the Tribunal / Revenue

Divisional Officer and then take a considered final decision in the interest of

the justice after examining all aspects.

(ii) The said exercise of the District Collector should be completed

within a period of six weeks from the date on which notice is actually served

and when the son / settlee K.Manivel appears before the said authority. The

earlier Ap