THE HON’BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31407 of 2025

ORDER

This Writ Petition is filed seeking writ of mandamus declaring the action of the respondent Nos.1 to 3 in not considering and disposing of the petitioner’s application dated 02.12.2024 seeking protection under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter will be referred to as ‘subject property’), as illegal, arbitrary and violative of principles of natural justice.

2. Heard learned counsel for the petitioner and Sri L.Ravinder, learned Assistant Government Pleader for Revenue.

3. Learned counsel for the petitioner submits that the petitioner, aged about 75 years, served in the Central Industrial Security Force (CISF), a para- military force under the Government of India, from the year 1972 to 2012. He is presently surviving on a pension from the Central Government. The petitioner has five daughters, all of whom are married. Subsequently, the petitioner's wife, Smt. Raheem Unnisa Begum, passed away. On the advice of well- wishers and without any objection from family members, the petitioner married Smt. Sayeeda Sultana, a widow.

4. However, the petitioner's younger daughter, Mrs. Sadiya, along with her husband, Mohd. Mirajuddin, trespassed into the petitioner’s house and physically assaulted the petitioner and his wife. Consequently, the petitioner lodged a complaint with the police on 08.05.2023. Based on said complaint, the Police at Chandrayangutta registered a case in Crime No.299/2023 dated 08.05.2023 for the offences punishable under Sections 427, 380, 323, 509 read with Section 34 of the Indian Penal Code.

5. Learned counsel for the petitioner further submits that the petitioner is the absolute owner and possessor of land admeasuring Acs. 2.00 guntas in Survey No. 67/E/3, situated at Jamshedpur Village, Marpally Mandal, Vikarabad District. The petitioner's daughter (respondent No. 4), her husband (respondent No. 5), along with respondent No. 6, are allegedly creating hurdles and making attempts to unlawfully grab the said property. Aggrieved by their actions, the petitioner submitted a representation dated 02.12.2024 to the 2nd respondent, seeking police protection.

6. Upon receiving the representation, the 2nd respondent appears to have issued a Form-C notice to the unofficial respondents. However, despite receiving and acknowledging the said representation, the 2nd respondent failed to take any further action. Aggrieved by such inaction, the petitioner filed the present writ petition.

7. Sri L. Ravinder, learned Assistant Government Pleader for Revenue, on instructions, submits that as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, appropriate action shall be taken by the 2nd respondent in due course of time. Accordingly, he requests that suitable directions may be issued.

8. Having heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and upon examining the material on record, this Court, without expressing any opinion on the merits of the case, directs the 2^nd respondent to conduct an enquiry on the petitioner’s representation dated 02.12.2024 by issuing notice to the petitioner, respondents 4 to 6, and all concerned, strictly in accordance with law. The 2nd respondent shall pass appropriate orders as expeditiously as possible, within the time frame prescribed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

9. In view of the above direction to the 2^nd respondent to issue notice to respondents 4 to 6 during the course of enquiry, formal issuance of notice to respondents 4 to 6 in the present writ petition is dispensed with.

10. With the above direction, this Writ petition is disposed of. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.

____________________ E.V.VENUGOPAL, J Date:16.10.2025.

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