K NARAYANASAMY Vs. DISTRICT COLLECTOR CHENNAI DISTRICT

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 3.9.2010 and enquire the same and take action as against petitioner's son under "THE Maintenance and Welfare of Parents and Senior Citizens Act, 2007".

(2.) THE learned Government Advocate takes notice for respondents.

(3.) THE respondent-District Collector is vested with power to register a case and proceed against the petitioner's younger son in terms of Section 8 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the Act) to conduct inquiry by summoning the concerned person and order maintenance. Section 9 of the Act clearly states that if children or relatives, as the case may be, neglect or refuse to maintain a senior citizen being unable to maintain himself, the Tribunal may, on being satisfied of such neglect or refusal, order such children or relatives to make a monthly allowance at such monthly rate for the maintenance of such senior citizen, as the Tribunal may deem fit and to pay the same to such senior citizen as the Tribunal may, from time to time direct. THE maximum amount shall not exceed ten thousand rupees per month, which can be altered subsequently under Section 10 of the Act.