Passing orders on a plea moved by 75-year-old KR Jeyabalan seeking to direct the RDO to pass orders on his application as per Maintenance and Welfare of Parents and Senior Citizens Act, 2007, within a stipulated time, Justice Pushpa Sathyanarayana highlighted the rules in this regard which offers 90 days to dispose of such pleas.
Pointing out that the tribunal may extend the period once for a maximum of 30 days in exceptional circumstances for reasons which should be recorded in writing, Justice Pushpa Sathyanrayana said: “The 90 days for disposal of the application is already over. In this case, after enquiry is over, no order is passed within the time stipulated nor any reasons given for an extension, which cannot exceed 30 days.”
The judge also noted that the petitioner had sent a reminder on September 23, 2020, in this regard to the RDO. “In such circumstances, if the same officer is holding the post of RDO, he is directed to pass orders on merits and in accordance with law, within three weeks,” she directed while disposing of the plea.
Jeyabalan had submitted that he had executed settlement deeds of certain properties in favour of his younger son, Sakkarapani, out of love and affection. But later, Sakkarapani’s attitude changed and assaulted him on many occasions. Following a police inquiry in this regard, the younger son agreed to pay a sum of Rs 3 lakhs to Jeyabalan towards maintenance and also to execute the property in favour of the petitioner’s elder daughter. However, he neither paid the money nor executed the deal, leading to the present plea wherein the RDO was yet to pass orders even after completion of enquiry.