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2026 Supreme(Online)(Mad) 25619

IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J
Jayalakshmi – Appellant
Versus
The Divisional Magistrate/ Revenue Divisional Officer, Coimbatore North – Respondent
Writ Petition



Advocates:
For the Appellants/Petitioners: Ms.Karthikaa Ashok for Mr.J.Ashok
For the Respondents:Ms.A.Bakkiyalakshmi Government Advocate [R1]

Court directs timely enforcement of senior citizens maintenance order under Section 11.

Headnote:Under Section 11 of the Maintenance and Welfare of Senior Citizens Act, 2007, the petitioner seeks enforcement of an order dated 26.06.2025 issued by the Divisional Magistrate. The petitioner filed an execution petition on 29.01.2026 for compliance, which remains undisposed. The court finds no prejudice to respondents in directing expeditious enforcement. The primary issue is the delay in disposing the execution petition under Section 11. The court holds that numbering and enforcement after notice and hearing ensures procedural fairness, aligning with the Act's welfare objectives. The writ petition is disposed of with directions to the Divisional Magistrate to number the execution petition, issue notice to the second respondent, hear objections if any, and enforce within eight weeks from receipt of the order.

Table of Content
1. petition seeks direction for timely disposal of execution petition. (Para 1 , 2)
2. petitioner holds prior maintenance order, files for enforcement. (Para 3)
3. no prejudice in directing enforcement after notice. (Para 4)
4. time-bound direction for numbering and enforcement issued. (Para 5)

ORDER

This Writ Petition has been filed to direct the 1st respondent to dispose of the execution petition dated 29.01.2026 filed by the petitioner u/s 11 of the Maintenance and Welfare of Senior Citizens Act, 2007, within a time frame to be fixed by this Court.

2. Ms.A.Bakkiyalakshmi, learned Government Advocate, accepts notice on behalf of the 1st respondent. Since no adverse order is passed against the 2nd respondent in this writ petition, notice to the 2nd respondent is dispensed with by this Court.

3. The petitioner is having the benefit of order dated 26.06.2025 passed by the 1st respondent under the Maintenance and Welfare of Senior Citizens Act, 2007. She had filed an execution petition dated 29.01.2026 u/s 11 of the Maintenance and Welfare of Senior Citizens Act, 2007 to enforce the aforesaid order, dated 26.06.2025 passed by the 1st respondent. She seeks early disposal of her execution petition dated 29.01.2026 through this writ petition.

4. No prejudice would be caused to the respondents, if a direction is issued to the 1st respondent to number the execution petition dated 29.01.2026 filed by the petitioner and enforce the same in accordance with Section 11 of the Maintenance and Welfare of Senior Citizens Act, 2007, after issuing notice to the 2nd respondent and after hearing the objections, if any, from the 2nd respondent, within a time frame to be fixed by this Court.

5. For the foregoing reasons, this Writ Petition is disposed of by directing the 1st respondent to number the execution petition filed by the petitioner dated 29.01.2026 and enforce the same in accordance with Section 11 of the Maintenance and Welfare of Senior Citizens Act, 2007, by issuing notice to the 2nd respondent and after hearing the objections, if any, from the 2nd respondent, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs.

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