A Single Judge Bench of the Madras High Court comprising Justice S. M. Sunbramaniam observed that all applications and appeals filed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 should be dealt with an expedient manner and appropriate actions should be initiated to protect the interest and welfare of the senior citizen. (G. Balaiyan v. The District Collector-Cum-Appellate Authority & Ors)
The Bench held that,
“all the District Collectors across the State of Tamil Nadu must ensure that all applications and appeals filed under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, are dealt with in a time bound manner and appropriate actions are initiated to protect the interest and welfare of senior citizen.”
Background of the Case
The petitioner is a retired employee of Tamil Nadu State Transport Corporation. He has two daughters (living separately) and a son. The Petitioner alleged that his son has usurped all the property belonging to the petitioner forcibly by obtaining a settlement.
The petitioner filed a petition before the Revenue Divisional Officer under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and a sum of Rs.10,000 were ordered as maintenance. Even the said amount of maintenance has not been paid by his Respondent- son. The petitioner filed an appeal before the District Collector-Cum-Appellate Authority (first respondent) under Section 16 of the said Act which is pending more than five months.
Therefore, the Petitioner filed this Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose of an appeal Under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 filed by the petitioner on 22.01.2021 within a time fixed by the Hon'ble Court.
Reasoning and Decision of the Court
The Court considered all the facts and looked into the rationale behind the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and expressed that the very purpose of the Act is to give more attention to the care and protection for the older persons. Ageing has become a major social challenge and therefore, there is a need to give more attention to such aged persons.
The parents can claim maintenance under the Code of Criminal Procedure. However, the procedure is time-consuming as well as expensive. Thus, the legislators thought it fit to enact the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in order to mitigate the injustice caused to the older persons in the society.
The Court also showed its concern regarding the delays done in applications and appeals under this Act as the delay would result in denial of right and amounts to a violation of the constitutional provisions of right to live, which is a fundamental right.
In order to ensure that the life of aged persons are protected and the fundamental right for life is taken care of by the State, any application or appeal filed by the Senior citizen under the provisions of the Act is to be dealt with immediately and orders are passed and the execution must also be ensured by the competent authorities. Thus, the authorities competent are bound to act and in the event of keeping such applications pending, the same shall not only be construed as a lapse, but the said action is also to be considered as a dereliction of duty on the part of the competent authorities.
The Court directed the Chief Secretary to Government of Tamil Nadu, to issue a circular to all the District Collectors to ensure that the applications and appeals filed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are disposed of by conducting an enquiry within a period of two months from the date of receipt of such applications or appeals.
By considering the Petitioner’s contention the Court ordered the First Respondent to consider the appeal filed by the writ petitioner on 22.01.2021 and pass orders on merits and in accordance with law and by affording the opportunity to all the parties within a period of eight weeks from the date of receipt of a copy of this order.
The Bench disposed of the matter without imposing any cost on it.
Case Details
Case: - W.P.No.12544 of 2021
Petitioner: - G.Balaiyan
Respondent: - The District Collector-Cum-Appellate Authority & Ors
Counsel for Petitioner: - Mr.P.Vijendran
Counsel for Respondent: - Mr. P.Vijendran
Judge: Justice S. M. Sunbramaniam
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