APHC010595902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 988/2026 Between:

1. R MALLESWARA RAO, S/ONAGGAIAH, AGED ABOUT 78 YEARS, OCC RETIRED RAILWAY EMPLOYEE, R/O.D.NO.10-93-12, UDA COLONY, CHENCHUPETA, TENALI, GUNTUR DISTRICT.

2. R .UMADEVI,, W/O R.MALLESWAR RAO, AGED ABOUT 59 YEARS, OCC HOUSE WIFE, R/O.D.NO.10-93-12, UDA COLONY, CHENCHUPETA, TENALI, GUNTUR DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF WOMEN,CHILDREN DISABLED AND SENIOR CITIZENS, SECRETARIAT,VELA GAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. D IVISIONAL TRIBUNAL RDO, PRESIDING OFFICER CUM DIVISIONAL MAGISTRATE UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007, KOTHAPETA, TENALI, GUNTUR DISTRICT

3. A MMISETTY VENKATA NAGA KUMARI, W/O VENKATESWARA RAO.

HOUSE WIFE. RESIDENT OF 1-54 GROUND FLOOR(GF)-1, SRI SRINIVASA RESIDENCY AMBAPURAM, GOLKONDA STREET, PIPUL ROAD, VIJAYAWADA.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 2 in not taking action on the Representations dated 21.01.2025, 23-06.2025- and 21.07.2025 of the Petitioners under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the 3rd Respondent is illegal, arbitrary and voilative of Article 14, 21 and 300A of the constitution of India consequently direct the 2nd respondent to provide protection to the Petitioners under the Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 preventing the 3rd Respondent from interfering the possession of the residential building bearing House No. 10-93-12 , Amaravathi Plots , Chenchupeta,Tenali, Guntur District and pass Counsel for the Petitioner(S):

1. J M NAIDU Counsel for the Respondent(S):

1. GP FOR WOMEN DEV CHILD WELFARE

2. RAVI KUMAR C The Court made the following:

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.988 OF 2026 ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not taking action on the Representations dated 21.01.2025, 23.06.2025 and 21.07.2025 of the Petitioners under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 against the 3^rd Respondent is illegal, arbitrary and violative of Article 14, 21 and 300A of the constitution of India consequently direct the 2^nd respondent to provide protection to the Petitioners under the Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 preventing the 3^rd Respondent from interfering the possession of the residential building bearing House No.10-93-12,Amaravathi Plots, Chenchupeta, Tenali, Guntur District and pass such other order or orders….”

2. Heard learned counsel for the petitioners and learned Government Pleader for the respondents.

3. The case of the petitioner No.1 herein is that he is a senior citizen and petitioner No.2 is his wife. Being senior citizen, petitioner No.1 submitted representations dated 21.01.2025, 23.06.2025 and 21.07.2025 to the respondent No.2 herein/ Tribunal seeking for granting maintenance under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (in short ‘the Act 56 of 2007’). But till date, respondent No.2 neither considered the claim of the petitioners under the provisions of the Act 56 of

2007 nor issued any notice or reply to the petitioner. He further submits that once any re