Dispose of applications, appeals under Maintenance and Welfare of Parents and Senior Citizens Act within two months: Madras High Court

The Madras High Court has issued directions so that applications and appeals under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are to be disposed of within two months' time. (G Balaiyan v. .The District Collector-Cum-Appellate Authority).To this end, the Court has ordered the the Chief Secretary to the Tamil Nadu Government to issue a circular to all the District Collectors to ensure that applications and appeals filed under the Senior Citizens Act are enquired into and disposed of within two months from the date of receipt of the application or appeal. .Such a circular is needed to protect the fundamental right of senior citizens, the Court opined..Justice SM Subramaniam issued the direction while observing that any delay in disposing of such matters would cause prejudice to the livelihood of elderly persons..“Ageing has become a major social challenge and therefore, there is a need to give more attention on such aged persons", he remarked..The Court was dealing with a plea moved by a retired employee of the Tamil Nadu State Transport Corporation alleging that his son had usurped his property forcibly. .The petitioner had earlier obtained relief from the Revenue Divisional Officer, who had directed the payment of Rs. 10, 000 as maintenance. However, this amount was not paid by the petitioner's son..Whereas the petitioner filed an appeal before the District Collector-Cum-Appellate Authority, the matter remained pending for five months leading the petitioner to move the High Court for relief..The High Court, in turn, issued directions to ensure the speedy disposal of the application. The rationale was to mitigate injustice caused to older persons, the Court observed..“In order to ensure that the life of aged persons are protected and the fundamental right for life is taken care of by the State, any application or appeal filed by the Senior citizen under the provisions of the Act is to be dealt with immediately and orders are passed and the execution must also be ensured by the competent authorities", Justice Subramaniam said. .The Judge also pulled up the concerned authorities for the slow progress in such cases, adding, "In the event of keeping such applications pending, the same shall not only be construed as a lapse, the said action is to be considered as a dereliction of duty on the part of the competent authorities.".As far as the instant case was concerned, the Court directed that the petitioner's appeal be decided on merit within eight weeks time. .Advocate P Vijendran appeared for the petitioner, while the State authorities were represented by Government Advocate, S John J. Raja Singh..[Read Order]