ORDER :

Petitioner is before this Court seeking a declaration to declare Section 17 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as ‘the Act’ for short), to be unconstitutional and has further sought quashment of an order dated 21-02-2023 passed by the Deputy Commissioner denying representation of the petitioner by an Advocate in the appeal proceedings before the Deputy Commissioner.

2. Facts, in brief, germane are as follows:-

The petitioner purchases a property situated at Puttur Village, Udupi District in the years 1972 and 2003. At that point in time the petitioner was residing with his son/the 3rd respondent. It is the allegation that respondents 3 and 4 transferred the property owned by the petitioner to their names and thereafter the 3rd respondent began to torture the petitioner, both physically and mentally. After coming into force of the Act, the petitioner knocked at the doors of the Assistant Commissioner invoking the provisions of the Act seeking restoration of property to his name alleging that the settlement deed dated 26-11-2014 is fraudulently made by respondents 3 and 4/children of the petitioner.

3. The Assistant Co