Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. Lakshman, J.
Dayalla Kanthamma – Petitioner
Versus
The State of Telangana- Respondent
Writ Petition No.34950 OF 2023
Decided On : 09-09-2024
(A) Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – Section 4 and Section 16 – Writ petition challenging order of maintenance and cancellation of gift deed – The 3rd respondent directed payment of Rs.2,000/- per month towards maintenance based on a compromise settlement – Petitioner contended lack of authority of the 3rd respondent to resolve the issue – Court held that the petitioner should have preferred an appeal under Section 16 of the Act instead of a writ petition – Writ petition dismissed, with liberty granted to appeal. (Paras 5, 21, 22)
Facts of the case: The petitioner challenged the order dated 07.10.2023, where the 3rd respondent directed maintenance payment based on a compromise settlement, claiming the order was beyond the authority of the 3rd respondent.
Findings of Court: The court found that the petitioner should have pursued an appeal under Section 16 of the Act, as the writ petition was not maintainable.
Issues: The main issue was whether the petitioner could challenge the order through a writ petition despite having an alternative remedy available under the Act.
Ratio Decidendi: The court ruled that the existence of an alternative remedy precludes the maintainability of a writ petition unless it falls within exceptional circumstances, which were not present in this case.
Result: Writ petition dismissed, with liberty granted to appeal.
ORDER:
K. Lakshman, J.
Heard Sri M. Ratan Singh, learned counsel for the petitioner, Sri L.Ravinder, learned Asst.Govt.Pleader for Revenue.
2. This writ petition is filed challenging the order dated 07.10.2023 in proceedings No.E/1268/2023 passed by the 3rd respondent.
3. 1st respondent filed an application under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, ‘the Act’) before the 3rd respondent claiming maintenance and also to cancel the gift settlement deed bearing No.46/2018 dated 08.01.2018 executed by her in favour of her grandson/5th respondent herein.
4. Vide order dated 07.10.2023, respondent No.3 basing on the compromise settlement report submitted by Sri Aged Division Raj, Bhuvanagiri Gars, Sri Dayyala Shivayya and Sri Dayyala Mahesh, respondents 4 and 5 respectively and directed the respondents 4 and 5 to pay an amount of Rs.2,000/- per month towards maintenance to the petitioner herein.
5. Feeling aggrieved by the said order, the petitioner filed the present writ petition contending that the 3rd respondent is not having power to resolve the issue between the parties recorded compromise or settlement and he cannot pass such an order.
6. Heard the rival contentions.
7. If the petitioner is aggrieved by the said order, she has to prefer an appeal under Section 16 of the Act, but she cannot file the present writ petition. Section 16 of the Act is relevant and the same is extracted below:-
16. Appeals. —
(1) Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal:
Provided that on appeal, the children or relative who is required to pay any amount in terms of such maintenance order shall continue to pay to such parent the amount so ordered, in the manner directed by the Appellate Tribunal:
Provided further that the Appellate Tribunal may, entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time.
(2) On receipt of an appeal, the Appellate Tribunal shall, cause a notice to be served upon the respondent.
(3)The Appellate Tribunal may call for the record of proceedings from the Tribunal against whose order the appeal is preferred.
(4) The Appellate Tribunal may, after examining the appeal and the records called for either allow or reject the appeal.
(5) The Appellate Tribunal shall, adjudicate and decide upon the appeal filed against the order of the Tribunal and the order of the Appellate Tribunal shall be final:
Provided that no appeal shall be rejected unless an opportunity has been given to both the parties of being heard in person or through a duly authorised representative.
(6) The Appellate Tribunal shall make an endeavour to pronounce its order in writing within one month of the receipt of an appeal.
(7) A copy of every order made under sub-section (5) shall be sent to both the parties free of cost.
8. It is also apt to note that the object behind the Act, and the Telangana State Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 and amended Rules 2022 (for short, ‘the Rules’) made thereunder 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
AI
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 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.
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....
The judgment emphasizes the need for clarity and awareness regarding appealable orders and forums under The Delhi Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Rules to avoid c....
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.
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 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 ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
