G. BALAIYAN Vs. DISTRICT COLLECTOR-CUM-APPELLATE AUTHORITY

JUDGEMENT

(1.) The relief sought for in the present writ petition is to direct the first respondent to dispose of the appeal filed by the writ petitioner under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007Act.

(2.) The petitioner is a retired employee of Tamil Nadu State Transport Corporation. He has two daughters and a son, who is the third respondent in the writ petition. The petitioner states that he purchased a housing plot and constructed a house. All the children were educated and got married and living separately. The petitioner relinquished his works to the third respondent / son and the third respondent is not taking care and further, usurped the property belongs to the petitioner forcibly by obtaining a settlement. Thus, the petitioner filed a petition before the 2nd respondent under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and a sum of Rs.10,000/-(Rupees Ten Thousand only)was ordered as maintenance. Even the said amount of maintenance has not been paid by the third respondent. Thus, the petitioner filed an appeal before the first respondent under Section 16 of the said Act. Though the petitioner filed an application on 22.01.2021, for the past about five months, the petitioner is suffering and not receiving any maintenance amount from the third respondent / son.

(3.) The very purpose and object of the enactment namely, the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 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 on such aged persons. Undoubtedly, 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 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.