The petitioner filed a writ petition seeking enforcement of a maintenance order dated March 30th, 2022 passed by the Maintenance Tribunal in her favor, as the third respondent had not complied with it. The court directed the first respondent Tribunal to issue notice to the private respondents and take consequential steps to expeditiously enforce the order, provided it had not been set aside or stayed by another order. If it had been set aside, the petitioner would have to seek an alternative remedy. The writ petition was allowed on these terms without costs.
The petitioner filed a writ petition seeking enforcement of a maintenance order dated March 30th, 2022 passed by the Maintenance Tribunal in her favor, as the third respondent had not complied with it. The court directed the first respondent Tribunal to issue notice to the private respondents and take consequential steps to expeditiously enforce the order, provided it had not been set aside or stayed by another order. If it had been set aside, the petitioner would have to seek an alternative remedy. The writ petition was allowed on these terms without costs.
The petitioner filed a writ petition seeking enforcement of a maintenance order dated March 30th, 2022 passed by the Maintenance Tribunal in her favor, as the third respondent had not complied with it. The court directed the first respondent Tribunal to issue notice to the private respondents and take consequential steps to expeditiously enforce the order, provided it had not been set aside or stayed by another order. If it had been set aside, the petitioner would have to seek an alternative remedy. The writ petition was allowed on these terms without costs.
The petitioner filed a writ petition seeking enforcement of a maintenance order dated March 30th, 2022 passed by the Maintenance Tribunal in her favor, as the third respondent had not complied with it. The court directed the first respondent Tribunal to issue notice to the private respondents and take consequential steps to expeditiously enforce the order, provided it had not been set aside or stayed by another order. If it had been set aside, the petitioner would have to seek an alternative remedy. The writ petition was allowed on these terms without costs.
Vs. 1. The Revenue Divisional Officer / Tribunal for Senior Citizens Maintenance and Welfare, Melur, Madurai District.
2. The Chairman, District Legal Services Authority, Madurai.
3. Jothikumar
4. Agilandeshwari ... Respondents
Prayer: Writ petition filed under Article 226 of the
Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to take on file and to dispose of the petition dated 09.12.2022 filed by the petitioner under Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 to enforce the order dated 22.06.2021 passed in Moo.Moo.En.2944/2021/C by the first respondent under Section 4 of the Act within a time frame that may be fixed by this Court and also direct the second respondent and their subordinates to not to compel the petitioner to vacate the premises of Door No.42/12, Venkatabathy Iyyengar Street, Kamarajar Salai, Madurai. https://www.mhc.tn.gov.in/judis 1/3 2 W.P.(MD)NO.1590 OF 2023
For Petitioner : Mr.P.Gokulnaath
For R-1 & R-2 : Mr.B.Saravanan, Additional Government Pleader.
***
ORDER
Heard the learned counsel appearing for the writ
petitioner and the learned Additional Government Pleader
appearing for respondents 1 and 2.
2. Considering the nature of relief to be granted,
issuance of notice to the private respondents is dispensed
with.
3. The petitioner is none other the mother of the third
respondent. Alleging that the third respondent is not
maintaining her, she filed a petition under Section 4 of the
Maintenance and Welfare of Parents and Senior Citizens Act
2007 before the Maintenance Tribunal. The Maintenance
Tribunal passed an order dated 30.03.2022 in favour of the
petitioner. It is stated that the third respondent has not
https://www.mhc.tn.gov.in/judis 2/3 3 W.P.(MD)NO.1590 OF 2023
complied with the same. Seeking enforcement of the said
order, this writ petition has been filed.
4. No exception can be taken to the petitioner's
request. The first respondent is directed to issue notice to the
private respondents. If the private respondents have obtained
an order of interim injunction or the order dated 30.03.2022
has been set aside, then it cannot be enforced and the
petitioner will have to be relegated elsewhere to obtain
appropriate remedy. If the order dated 30.03.2022 has not
been set aside or stayed and it is still holding good, then it will
be enforced and the petitioner has to be given relief. The first
respondent is directed to make consequential steps to enforce
the said order dated 30.03.2022. This shall be done
expeditiously. This writ petition stands allowed on these
terms. No costs.
27.01.2023
NCS : Yes / No Index : Yes / No Internet : Yes/ No
PMU
https://www.mhc.tn.gov.in/judis 3/3 4 W.P.(MD)NO.1590 OF 2023
To:
1. The Revenue Divisional Officer / Tribunal for
Senior Citizens Maintenance and Welfare, Melur, Madurai District.
2. The Chairman, District Legal Services Authority, Madurai.
https://www.mhc.tn.gov.in/judis 4/3 5 W.P.(MD)NO.1590 OF 2023
G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.1590 of 2023
27.01.2023
https://www.mhc.tn.gov.in/judis 5/3 6 W.P.(MD)NO.1590 OF 2023
Heard the learned counsel appearing for the writ
petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2. 2. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with. 3. The petitioner is none other the mother of the third respondent. Alleging that the third respondent is not maintaining her, she filed a petition under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 before the Maintenance Tribunal. The Maintenance Tribunal passed an order dated 30.03.2022 in favour of the petitioner. It is stated that the third respondent has not complied with the same. Seeking enforcement of the said order, this writ petition has been filed. 4. No exception can be taken to the petitioner's request. The first respondent is directed to issue notice to the private respondents. If the private respondents have obtained an order of interim injunction or the order dated 30.03.2022 has been set aside, then it cannot be enforced and the petitioner will have to be relegated for the appropriate remedy. If the order dated 30.03.2022 has not been set aside or stayed and it is still holding good, then it will be enforced and the petitioner has to be given relief. The first respondent is directed to make consequential steps to enforce the said order dated 30.03.2022. This shall be done expeditiously. This writ petition stands allowed on these terms. No costs.
https://www.mhc.tn.gov.in/judis 6/3 7 W.P.(MD)NO.1590 OF 2023
