The court mandated prompt action on eviction requests under the Maintenance and Welfare of Parents and Senior Citizens Act, emphasizing natural justice and timely resolution.

ORDER: 

Hear d Sr i C. Ram ach an dr a Reddy, lear n ed cou n sel  appear in g on beh alf of t h e pet it ion er , lear n ed Gover n m en t Pleader for W om en Developm en t an d Ch ild W elfar e, appear in g on beh alf of r espon den t No.1 an d lear n ed Assist an t Gover n m en t Pleader for Social W elfar e appear in g on beh alf of r espon den t Nos.2 an d 3 . 2 . 

Th e pet it ion er appr oach ed t h e Cou r t seek in g  pr ay er as u n der :

“… to issue a writ order or direction more particularly one in the nature of a WRIT OF MANDAMUS declaring the action of the Respondent Nos.2 and 3 in not taking action on the application filed by the petitioner on 31/ 07/ 2023 to the Respondent No.2 against Respondent No.4 for protecting the life and property of the petitioner by evicting the Respondent No.4 from the 1 st Floor, H.No. 2-129/ 1, Anjaiah Nagar Colony, Gundla Pochampally Municipality, Medchal Mandal, Medchal-Malkajgiri District, Telangana State as illegal, arbitrary and against the law and consequently direct the Respondent Nos.2 and 3 to evict the Respondent No.4 from the 1 st Floor of the house of the petitioner bearing H.No. 2-129/ 1, Anjaiah Nagar Colony, Gundla Pochampally Municipality, Medchal Mandal, Medchal Malkajgiri District Telangana State and pass… ”.

3 .The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present Writ Petition is that the petitioner is a senior citizen, aged about 68 years and the mother of the petitioner executed a registered gift deed in petitioner’s favour for an extent of 600 sq. yards on 07.03.2015 and after the execution of the said gift deed, the petitioner constructed a house in the year 2015-2016 and was allotted house No.2- 129/ 1. Thereafter the petitioner permitted his younger son, who is respondent No.4 herein to stay in the 1 st floor in his house temporarily. Later the respondent No.4 started threatening the petitioner to pay financial support to the 4 th respondent. Aggrieved by the action of the 4 th respondent, the petitioner submitted an application dated 31.07.2023 to the respondent No.2 under Rule 21 (2)(3) (a) (i) of the Telangana Maintenance and Welfare of Parents and Senior Citizens Rules, 2011 requesting the authorities to evict the 4 th respondent from petitioner’s house. However even after lapse of one year the respondent No.2 has not taken any action. The petitioner also got issued legal notice dated 22.08.2024 to the respondent Nos.2 and 3 requesting them to take action on his application dated 31.07.2023. However the respondent authorities failed to take any action. Hence the writ petition.

4 . I t is t h e specific case of t h e pet it ion er t h at on 3 1 .0 7 .2 0 2 3 t h e pet it ion er filed an applicat ion / pet it ion u n der Ru le 2 1 ( 2 ) ( 2 ) ( 3 ) ( a) ( i) of t h e Telan gan a Main t en an ce an d W elfar e of Par en t s an d Sen ior Cit izen s Ru les, 2 0 1 1 ( issu e u n der t h e Main t en an ce an d W elfar e of Par en t s an d Sen ior Cit izen s Act , 2 0 0 7 ) befor e t h e 2 n d r espon den t h er ein w it h pr ayer as u n der :

“(a) Direct the Respondent to vacate and hand over the Schedule Property to the applicant in the interest of justice, (b) Direct the Respondent not to cuase any nuisance or harassment of any kind against the applicant and his family members in any manner whatsoever and also not to interfere with the peaceful possession and enjoyment of the property of the applicant.

(c) And to pass such other order or orders as the Hon’ble Authority deems fit and proper in the circumstances of the case”.

5 .  The learned Government Pleader for Women Development and Child Welfare, appearing on behalf of respondent No.1 and learned Assistant Government Pleader for Social Welfare appearing on behalf of respondent Nos.2 and 3 submit that the writ petition could be disposed of directing the 2 nd respondent to take prompt acti