JUDGMENT :

V. Kameswar Rao, J.

1. CM No. 1417/2018 (by applicant Mrs. Divya Gulati under Order 32 Rule 1 of CPC to act as next friend of the petitioners to prefer the accompanying writ petition)

For the reasons stated in the application, the same is allowed and disposed of.

CM Nos. 40805/2018 and 36104/2018 (under Section 151 CPC for placing additional documents on record)

For the reasons stated in the application, the same are allowed. Additional documents are taken on record. Applications are disposed of.

W.P. (C) 347/2018

1. This petition has been filed by two minor petitioners through their mother as their next friend with the following prayers:

"In view of the facts and circumstances as stated above it is respectfully prayed that this Hon'ble Court may graciously be pleased to:

(a) Issue a Writ of Certiorary or any other appropriate Writ and thereby quash the Rule 22(3) and 22(4) of The Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2016 for being ultra-vires the Parent Act and the Constitution of India, 1950.

(b) Issue a Writ of Certiorary or any other appropriate Writ and thereby set aside the Order dated 28.11.2017, passed by the Ld. Division Commissioner in Appeal bearing No. PA/Div. Comm./Appeal No. 08/2017/Sec-16 to the extent it curtails the right of the Petitioners to raise preliminary issues/legal defences.

(c) Issue a Writ of Certiorary or any other appropriate Writ and thereby quash the impugned show cause notice dated 14.12.2017, issued by the Ld. DM in furtherance to the Impugned Order.

(d) Pass any orders as this Hon'ble Court deems fit and proper in the interest of justice."

2. The facts in brief are as follows:

(i) The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 was enacted on 29th December, 2007 with aim of providing more effective mechanism for providing maintenance and welfare of parents and senior citizens and for matters connected therewith and incidental thereto.

(ii) Vide a notification dated 30th June, 2009, respondent no. 1 in exercise of powers under Section 32 of the Act notified Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 and a separate Comprehensive Action Plan was also framed under Section 32(2)(f) of the Act. The said Plan, through Rule 22 (1) and (2), cast a duty on concerned police officials to prepare a list of senior citizens in their area, regularly visit senior citizens and to promptly attend to their complaints. Therefore, by virtue of the said Action Plan an effective channel for communication between senior citizens and police officials was provided. It is however to be noted that under the said Action Plan there was no specific provision for any remedy of eviction.

(iii) It is stated that the petitioners claiming to be coparceners in Kuldip Singh and Sons, HUF have already instituted CS (OS) 2223/2013, a Suit for Partition of all family properties and businesses including their present residential house.

Respondent no. 4 is grandfather of the petitioners and father of respondent no. 5.

(iv) In response to the said Suit for Partition, respondent no. 4 is stated to have filed a writ petition seeking remedies under the aforesaid Action Plan as also eviction of the present petitioners from their current residential house. The said writ petition was however withdrawn. Despite efforts, disputes between the parties could not be resolved amicably.

(v) On 19th December, 2016 respondent no. 1 is stated to have amended the Comprehensive Action Plan, thereby incorporating a summary procedure for eviction of a senior citizen's son/daughter/legal heir from his self-acquired property on account of his non-maintenance and ill-treatment. The Rules were further amended on 28th July, 2017 to expand the scope of the term "Property" under the said Rules. Resultantly, the remedy of eviction was extended to "property of any kind whether moveable or