The main legal point established in the judgment is that the Maintenance and Welfare of Parents and Senior Citizens Act 2007 empowers the Tribunal to order maintenance against children or relatives if neglect or refusal to maintain the senior citizen is proven, but does not empower the Tribunal to grant reliefs such as eviction or prevention of trespassing. The Act applies to senior citizens who are unable to maintain themselves from their own earnings or property.

P.N. RAVINDRAN, J.

1. The petitioner, a senior citizen aged 85 years has filed this writ petition seeking the following reliefs -

i. issue a writ of mandamus directing the respondents 1 & 2 to enquire into Ext.P1 & P4 complaints and to take necessary action to ensure the peaceful living of the petitioner in his house.

ii. issue a writ of mandamus directing the respondent 1 & 2 to remove the 4th respondent and his family from the house of the petitioner to save him from their harassment and threat to life and also to register a case and investigate into the matter.

iii. issue a writ of mandamus directing the 3rd respondent to enquire into Ext.P2 complaint as enjoined by law.

2. Alleging that respondents 4, 5 and 6 who are his sons, are likely to evict him from his residence and cause bodily harm to him, the petitioner filed Ext.P2 complaint before the Revenue Divisional Officer, Palakkad invoking the provisions contained in the Maintenance and Welfare of Parents and Senior Citizens Act 2007, herein after referred to as `the Act' for short. He also alleged in Ex.P2 complaint that his sons are not maintaining him but are demanding partition of the immovable properties. He further alleged that on 29.4.2011 his sons manhandled him and forcibly took away the sum of Rs. 1,50,000/-. The petitioner had earlier filed Ext.P1 complaint dated 6.4.2010 before the Sub Inspector of Police, Vadakkanchery Police Station against his wife Smt.Devaki and his son Sri.Sivadasan (the fourth respondent herein) alleging that his son and wife are not looking after him. He had also leveled various other allegations therein. In Ext.P2 complaint dated 12.5.2011 filed under the Act, the petitioner sought an order restraining his sons from trespassing into his house or from harassing him. He also sought an order directing the fourth respondent and his family members to vacate the building where he is admittedly residing with his family members. By Ext.P3 letter dated 1.7.2011 the Tribunal constituted under the Act informed the petitioner that the application filed by him is not maintainable and that if he has any complaint against his son, he may complain before the Police. The petitioner had even earlier filed Ext.P4 complaint dated 14.6.2011 before the Sub Inspector of Police, Vadakkanchery alleging that his sons are threating and manhandling him and that for the past three days he is residing with his sister. The instant writ petition was thereupon filed on 29.7.2011 seeking the aforesaid reliefs.

3. The fifth respondent has filed a counter affidavit dated 17.9.2011 on his own behalf and on behalf of respondents 4 and 6. In paragraph 4 it is stated that the fourth respondent is working as High School Assistant in the Sarvajana High School, Puthukode, that his wife is a post graduate, that they have two school going children and that they are residing with the petitioner and are looking after him. The fifth respondent has stated that he is the Managing Director of two reputed companies, that his daughter is studying at Ootty and his son at Manjapra and that he is residing in his own property, two kilometers away from his father's house. He has also stated that the sixth respondent is residing at Poonkunnam in Thrissur with his family. The fifth respondent has in the counter affidavit also stated as follows :

6. The petitioner is aged 86 and financially very rich. He own above 20 acres of landed property including the Rubber Plantation. The monthly income earned from the rubber plantation is around Rs. 75,000/-. But not even a single Rupee is being given to any of the family members. But unfortunately he is leading very shameful, indecent and immoral life. He is diverting his earnings to satisfy his strange sensual requirements. All though the life he was harass mentally and physically torturing our mother. He never cared his wife and children in his life. He was always fond of the company of "woman with shady characters". Any woman between the age of 15