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2026 Supreme(Online)(Mad) 35621

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
A.Edwin Joy – Appellant
Versus
The Revenue Divisional Officer/The Presiding Officer, (under the Maintenance and Welfare of Parents and Senior Citizens Act, 2005.), Madurai City, Madurai. – Respondent
W.P.(MD)No.11055 of 2026



Advocates:
For the Appellants/Petitioners: Mr.Babu Rajendran
For the Respondents: Mr.S.S.Madhavan

Mandamus issued directing consideration of senior citizen's eviction application under 2005 Act within three months.

Headnote:The petitioner, a senior citizen, filed an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2005, seeking eviction of her son from the subject premises due to alleged cruelty. The Revenue Divisional Officer had not acted on the application. The court directed consideration of the application on merits after hearing the son. Issue: Whether the Presiding Officer must expeditiously consider the senior citizen's eviction application. Ratio: Authorities must process applications under the Act in accordance with law, providing opportunity of hearing to the respondent. Writ petition disposed directing consideration within three months, no costs.

Table of Content
1. senior citizen seeks eviction of son for cruelty. (Para 1 , 2)
2. government assures time-bound consideration. (Para 3)
3. direct consideration within three months after hearing. (Para 5)

ORDER

The petitioner claiming to be a senior citizen is before this Court seeking for a direction to the respondents to consider the application dated 14.03.2023. In the said application, the petitioner seeks for a direction to evict the second respondent who is the son of the petitioner from the subject premises citing that she has been subjected to cruelty by her son.

2. The petitioners grievance is that the first respondent has not taken any steps on the application as of today.

3. Mr.S.S.Madhavan, learned Additional Government Pleader on instructions submitted that the application submitted by the petitioner would be considered in accordance with law within the time frame to be stipulated by this Court.

4.The said submission is taken on road.

5.The Writ Petition is disposed of directing the first respondent to consider the application dated 14.03.2026 submitted by the petitioner on its own merits and pass appropriate orders in accordance with law, after providing an opportunity of hearing to the second respondent.

6. The said exercise shall be completed within a period of three(3)

months from the date of receipt of a copy of this order .

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