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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
Gaddam Swamy Reddy – Petitioner
Versus
The State of Telangana – Respondent
Writ Petition No.24910 OF 2024
Decided On : 09-09-2024
(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 – Rule 21(3) and Rule 21(4) – Cancellation of gift deed – Senior citizen can seek eviction of children from property due to non-maintenance or ill-treatment – The procedure for eviction is summary in nature, focusing on the welfare of senior citizens. (Paras 2, 4, 10, 12, 14)
(B) Writ Jurisdiction – The court cannot entertain a writ petition when an alternative remedy is available unless it involves a breach of fundamental rights, violation of natural justice, or excess of jurisdiction. (Paras 15, 16)
Facts of the case: The father of the petitioner sought cancellation of a gift deed in favor of the petitioner, which was granted by the 2nd respondent, along with a monthly payment order to the father. The petitioner challenged this order.
Findings of Court: The court emphasized the summary nature of eviction proceedings under the Act and the necessity for strict compliance with the procedure to protect the rights of both senior citizens and their children.
Issues: The main issues were whether the writ petition was maintainable given the availability of an alternative remedy and the procedural compliance in eviction proceedings.
Ratio Decidendi: The court ruled that the proceedings under the Senior Citizens Act are summary and do not require detailed inquiries into property title, focusing instead on the welfare of the senior citizen.
Result: Writ petition disposed of, granting liberty to appeal under the Rules.
ORDER :
K. Lakshman, J.
Heard Sri Pochaiah Dorishetti, learned counsel for the petitioner and learned Assistant Government for Women Development and Child Welfare and Senior Citizens Department appearing for respondent No.1.
2. The 6th respondent/father of the petitioner filed an application before the 2nd respondent for cancellation of the gift deed executed by him in favour of the petitioner. Vide order dated 12.08.2024, the 2nd respondent cancelled the said gift deed document bearing No.333/2017, dated 22.02.2017 in respect of the lands admeasuring Ac 0.2050 gts, Ac 0.13 gts, Acs 4.12 gts, Ac 1.00 gts in survey Nos.139, 164/A, 165A/2, 165B respectively. The 2nd respondent also directed the petitioner and the 7th respondent, to pay an amount of Rs.10,000/- per month to the 6th respondent for six months. It is an appealable order in terms of the Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 and amended Rules, 2022 (for short, “the Rules”) more particularly Rule 21(4) of the said Rules.
3. In the light of the aforesaid submissions, it is apt to note that the object behind the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) is to protect the senior citizens and their dignity to live in their own house. The procedure to file and decide an application seeking eviction by a senior citizen was added vide G.O.Ms.No.40 dated 30.12.2022. Rule 21(3) was added and the same is extracted below:
(3) Procedure for eviction from property of Senior Citizen/Parents:
(a) (i) A senior citizen/parent, may make an application before the Collector & District Magistrate of his/her district, for eviction of his/her children/legal heir from his/her property on account of his/her non- maintenance and/or ill-treatment.
(ii) The Collector & District Magistrate shall immediately forward such application to the concerned Sub-Divisional Magistrate/Revenue Divisional Officer for verification of the title of the property and facts of the case within fifteen (15) days from the date of receipt of such application.
(iii) The Sub-Divisional Magistrate/Revenue Divisional Officer shall immediately submit his/her report to the Collector & District Magistrate for final orders within sixty (60) days from the date of receipt of the application.
(iv) The Collector & District Magistrate during summary proceedings for the protection of senior citizens/parents shall consider all the relevant provisions of the Act. If the Collector & District Magistrate is of the opinion that any children/ legal heir of a senior citizen /parent is not maintaining the senior citizen/parent and/or ill-treating him/her/them and yet is occupying the property of the senior citizen/parent and that they should be evicted, the Collector & District Magistrate shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause as to why an order of eviction should not be issued against them/ him/ her.
(v) The notice shall;-
(i) specify the grounds on which the order of eviction is proposed to be made; and
(ii) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the property, to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten (10) days from the date of issue thereof.
(b) Eviction order from property of senior citizen/ parent: If, after considering the cause, if any, shown by any person in pursuance to the notice and any evidence he/she may produce in support of the same and after giving him/her a reasonable opportunity of being heard, the Collector & District Magistrate is satisfied that the eviction order needs to be made, the Collector & District Magistrate may make an order of eviction, for reasons to be recorded therein, directing that the property shall be vacated.
(c) Enforcement of orders: -
(i) If any person refuses or fails to comply with
AI
The Senior Citizens Act allows for summary eviction of children from a senior citizen's property due to non-maintenance or ill-treatment, emphasizing procedural compliance.
The eviction of children from a senior citizen's property must follow the summary procedure outlined in the Telangana State Maintenance and Welfare of Parents and Senior Citizens Rules, ensuring comp....
The court emphasized the need for strict compliance with procedural requirements in eviction applications by senior citizens to ensure their protection from harassment.
A writ petition challenging an order under the Maintenance and Welfare of Parents and Senior Citizens Act is not maintainable when an alternative remedy exists, unless exceptional circumstances are p....
The main legal principle established is that the proceedings under the Senior Citizens Act are focused on the welfare and protection of senior citizens, and are not meant to decide the title of the p....
An eviction order under the Maintenance and Welfare of Parents and Senior Citizens Act requires a maintenance claim by the senior citizen; without such a claim, the eviction is not maintainable.
Senior citizen, cannot seek eviction from separate residence of son in a building owned by him, under Senior Citizens Act – Son also cannot claim a right to residence in a building exclusively owned ....
The central legal point established in the judgment is the interpretation and application of Section 23(2) of the Senior Citizens Act, which empowers the Tribunal to order eviction of the occupant fr....
The Assistant Commissioner has the authority to issue eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, especially to ensure the protection and maintenance o....
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