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Madras HC directs govt to dispose in 2 months maintenance pleas from parents

The judge directed the Tamil Nadu Chief Secretary to issue circulars 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: PTI | Chennai |
June 16, 2021 10:56:29 am
Madras High CourtAny undue delay should be construed as a lapse and dereliction of duty on the part of the official concerned, the judge said. (File)

The Madras High Court on Tuesday directed the state government to dispose of within two months, applications from parents seeking maintenance from their wards.

Justice S M Subramanian directed the Tamil Nadu Chief Secretary to issue circulars 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 two months.

Any undue delay should be construed as a lapse and dereliction of duty on the part of the official concerned, the judge said.

The court was disposing of a writ petition from G Balaiyan, who prayed for a direction to the Tiruvarur District Collector-cum-Appellate authority to dispose of his January 22 appeal this year filed under the Act, within a time frame.

The judge directed the collector to consider the appeal of the petitioner and pass orders on merits and by affording opportunity to all the parties within eight weeks, the judge said.

The very purpose and object of the Act is to ensure that the aged persons are being maintained properly. Thus, the delay would result in denial of the right and the same would amount to a violation of the constitutional provisions of the right to live, which is a fundamental right.

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