"Delay in enquiry for maintenance applications defeats 'laudable' intention of Senior Citizens Act" : Madras High Court expresses anguish

Read Time: 04 minutes

Justice Anita Sumanth of Madras High Court has recorded in an order last week that enquiry in several applications filed under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are initiated only towards fag end of limitation provided, defeating the ‘laudable’ intention of the Act.

The above observation was recorded by the court in a writ petition filed by a senior citizen couple seeking welfare under the act as their enquiry was not conducted despite submitting a representation on 27th November 2020. It is to be noted that the court in another order dated 21st February in WMP 3508 of 2022 recorded that,

 "Court notices that there are number of Writ Petitions that are filed by senior citizens on account of the long pendency of their applications for relief under the provisions of the Maintenance and welfare of parents and Senior Citizens Act, 2007. This defeats the purpose of Act itself.”

The counsels representing the District Social Welfare Officer submitted in the court that the enquiry is on-going and the application of the petitioner will be disposed within ten days. The court on recording this submission directed that the Special Government Pleader to ensure that necessary instructions are issued to the concerned Officers in all Districts to ensure that the applications are processed and disposed strictly within the time limits specified under the Act.

The court disposed the writ petition on the assurance of the Government pleader within two weeks on merits and in accordance with law. The court further directed that If the concerned Officer is unable to dispose the application within the stipulated time any for bonafide purpose, the concerned Officer is at liberty to seek extension of time through the Government Advocate”

 

Case title: G.Pattabi Vs The District Collector