Saturday, June 9, 2012

MWPSCA - Tamilnadu - HC decision

Here is an interesting case where the HC, TN upheld RDO's order,
though it is outside of the Act. As I have many times pointed out,
Police and Dept Soc Welfare officials in TN come to the rescue of
senior citizens beyond the provisions in the ACT. Another such
incident has been reported recently in Ahmadabad.

RDO order against Rogue son upheld.

CHENNAI: The Madras High Court has upheld an order of the Revenue
Divisional Officer (RDO), Pochampalli taluk in Krishnagiri district,
dispossessing a son of his father's property.� J Anbalagan, allegedly
ill-treated his father Jagadeesan, slapped him and also threatened to
kill him. The RDO passed the order on May 23 last year, after
Jagadeesan invoked Sec. 5(1) and (2) of the Maintenance and Welfare of
Parents and Senior Citizens Act 2007 to retrieve his properties from
his son.
Following a family dispute, Anbalagan allegedly slapped his father
while the latter was working in his farm. He was rescued by people
working in the nearby fields.
The RDO had also directed Anbalagan to vacate the family house and
restrained him from interfering with his father's peaceful possession
and enjoyment of the property in his lifetime. In case of failure to
comply with the condition, Anbalagan would have to pay a fine of
`10,000, besides undergoing three months' imprisonment, the RDO had
Aggrieved, Anbalagan moved the High Court to quash the RDO order. He
contended that, at best, the RDO could only order compensation but
could not order his eviction.
Justice K Chandru, before whom the petition came up for hearing
recently, upheld the earlier order by RDO after holding that there was
no infirmity in the detailed order.
Noting that Anbalagan had not exhausted the appeal provision in the
Act, the judge said that on that sole ground itself the petition was
liable to be dismissed.

Dr P Vyasamoorthy, 30 Gruhalakshmi Colony Secunderabad 500015 Ph
040-27846631 / 9490804278.

1 + 1 = 3

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