THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No. 11898 of 2025

O R D E R

Heard learned Counsel for the petitioner, learned Government Pleader for Home appearing for official respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal, at admission stage.

2. Having regard to the manner of disposal of the Writ Petition and the nature of lis involved, this Court is of the view that notice to unofficial respondent Nos.4 & 5 is not necessary for adjudication of the present Writ Petition.

3. Shorn of unnecessary details, the case of the petitioner in brief is that though she has approached the 2^nd respondent and submitted a representation, dt.13.04.2025, to provide police protection, the said authorities are not taking any action on the aforesaid representation submitted, which action on the part of the respondents-authorities it is contended to be contrary to Section 21 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’).

4. Per contra, learned Government Pleader appearing on behalf of respondent Nos.1 to 3 would submit that if the petitioner intends to invoke the provisions of the Act, she is required to approach the concerned RDO, who is the concerned authority in terms of the provisions of the Act, and for the said reason cannot approach the 3^rd respondent-authority straightaway, as any such action by the 3^rd respondent would be contrary to the provisions of the Act.

5. I have taken note of the respective submissions made.

6. As per the provisions of the Act, it is the Revenue Divisional Officer, who is conferred with power to deal with any complaints lodged by senior citizens, and only upon the said authority determining the dispute by initiating action and passing appropriate orders can direct the police authorities to take necessary action as directed by the said authority, and no power is conferred on the police authorities directly to initiate any proceedings under the Act.

7. Though the petitioner claims the facts of the present case to be an exceptional one for the 3rd respondent-authority to initiate action, by considering the aforesaid representation of the petitioner and take action, inasmuch as the Act itself does not confer any power on the police authorities to take any action based on any representation, and even if any such action is initiated by the authorities, the same would be contrary to the Scheme of the Act, and thereby rendering such act to be void.

8. As it is not shown to this Court of the petitioner availing remedies provided under the Act by approaching the concerned Revenue Divisional Officer for the relief being sought, this Court is of the view that the petitioner should be relegated to avail the remedies provided under the Act by approaching the concerned authorities, and for the said reason, cannot approach the 3^rd respondent-authority directly.

9. In view of the above, granting liberty to the petitioner to avail remedies provided under the Act, the Writ Petition is disposed of.

No order as to costs.

10. Consequently, miscellaneous petitions, if any, pending shall stand closed.

_____________________ T. VINOD KUMAR, J

22^nd April, 2025.

gra THE HON’BLE SRI JUSTICE T. VINOD KUMAR W.P.No.11898 of 2025 Dt.22.04.2025 gra