The court established that under the Maintenance and Welfare of Parents and Senior Citizens Act, eviction can be ordered to enforce maintenance rights of senior citizens when the transferee fails to provide necessary support.

ORDER :

G.K. Ilanthiraiyan, J.

This Writ Petition has been filed challenging the order passed by the first respondent dated 08.07.2024, thereby confirming the order passed by the second respondent dated 17.03.2023, thereby dismissed the complaint lodged by the petitioner under Maintenance and Welfare of Parents and Senior Citizen Act, 2017 (hereinafter referred to as “the Act”).

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioners are the father-in-law and mother-in-law of the fifth respondent and grand parents of the sixth respondent. The respondents 7 to 9 are the relatives of the fifth respondent. The petitioner had purchased a property situated in Door No.11, 2^nd Cross Street, Collectorate Colony, Aminjikarai, Chennai registered vide Document No.2455 of 2004 dated 25.06.2006. They have two sons and one daughter. The fifth respondent got married with their elder son and gave birth to sixth respondent. The another son is living in abroad and their daughter got married and living separately with her family. Their elder son was engaged a business and the fifth respondent is working a teacher. While being so, the elder son and his family members went to reside the property owned by the petitioner on condition that they shall pay the rent. However, they have not paid any rent. While being so, their elder son fell ill and passed away on 05.04.2017. Thereafter, the behaviour of the fifth and sixth respondents completely changed and the petitioners were not maintained by them and also they beaten the petitioners. Now they could not meet out their medical expenses and for their livelihood. They mainly depend upon the rent from the premises, which is now occupied by the fifth and sixth respondents. That apart, the petitioners had already settled another property, which is situated in Tiruvarur in favour of the fifth respondent. In fact, the petitioners were brutally attacked by them and as such, the petitioners lodged a police complaint before the Aminjikarai Police Station on 16.10.2022 and they issued CSR. Subsequently, the petitioner lodged a complaint under Maintenance and Welfare of Parents and Senior Citizen Act, 2007 before the second respondent.

4. The main allegation of the petitioners is that the subject property was rented out to the fifth and sixth respondents. After demise of the petitioners son, the fifth and sixth respondent failed to pay the rent and also beaten the petitioners. After due enquiry, the second respondent, by an order dated 17.03.2023, rejected the request made by the petitioners to evict the fifth and sixth respondents from the premises owned by them and directed the fifth respondent and another son along with their daughter to maintain the petitioners by providing all facilities including medical expenses. Aggrieved by the same, the petitioners preferred an appeal before the first respondent and the same was also rejected and the order dated 08.07.2024 passed by the second respondent was confirmed.

5. The only point to consider in this writ petition is that whether the respondents 1 and 2 have the jurisdiction or power to order eviction under the Act. In this regard, it is relevant to rely upon the Judgement of the Hon'ble Supreme Court of India in the case of S.Vanitha Vs. The Deputy Commissioner and others in Civil Appeal No.3822 of 2020, dated 15.12.2020, in which, the Hon'ble Supreme Court of India held as follows :

“16. Of particular relevance to the facts of the case at hand is Chapter V, which enacts provisions for protecting the life and property of a senior cit