THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the accompanying Affidavit, It is therefore prayed that this Hon’ble Court may be pleased to issue writ, direction or order, more particularly in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not taking action against the Respondent Nos. 4 & 5 as per the provisions of Maintenance and Welfare of Parents and Senior Citizens Act 2007 notwithstanding written complaint of the Petitioner dated: 16-03-2025 but received by the Respondent No.2 after much persuasion on 17-05-2025, as being illegal, arbitrary and violative of Arts. 14, 21 of the Constitution of India as also the Provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 and direct the Respondent No.2 to restore the immovable property settled in favor of Respondent No.4 vide deed dated:29-05-2016 in respect of property admeasuring 350 S.Yds in Sy.No.884 and agricultural land in Sy.No.52 a area admeasuring Ac.1-03 gts owned by petitioner husband and pass such other order or orders as may be deemed fit and proper in the circumstances of the case and in the interest of justice.”

2. It is stated that the petitioner is a senior citizen aged about 70 years. It is further stated that respondent Nos.4 and 5, who are elder son and daughter-in-law of the petitioner, are torturing the petitioner and her husband by way of confining them in their house on the top floor and locking them and forcibly and illegally taking away pension of the petitioner’s husband for their own use. The grievance of the petitioner is that she has submitted a written complaint dated 16.03.2025 under the provisions of the date the said complaint has not been considered by the 2nd respondent.

Hence, the present writ petition.

3. Considered the submissions made by learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 and 2 and with their consent, this writ petition is disposed of at the admission stage. In view of the nature of relief sought for in this writ petition, issuance of notice to respondent Nos.4 and 5 is dispensed with.

4. Learned counsel for the petitioner contended that as per the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, the Revenue Divisional Officer is the competent authority to decide the cases filed by the senior citizens, more particularly, the senior citizens who are suffering with the old age ailments. In the present case, there is a specific allegation that the 4th respondent, who is petitioner’s son, is not taking proper care of the petitioner and her husband by providing basic necessities and they are ill-treated, as such the petitioner was bed ridden. Learned counsel for the petitioner further submitted that the petitioner has submitted a written complaint dated 16.03.2025 under the even after receiving the said complaint, the 2^nd respondent has neither issued any notices to the contesting respondents nor granted any interim maintenance to the petitioner. Learned counsel for the petitioner further submitted that the pathetic condition of the petitioner and her husband is revealed from the photographs filed along with the affidavit of the writ petition.

5. In view of the above submissions, since it is stated that the petitioner has submitted a written complaint dated 16.03.2025 to the 2^nd respondent, this Court is of the opinion that the ends of justice would be met if the 2^nd respondent is directed to dispose of the said written complaint dated 16.03.2025, after issuing notice to respondent Nos.4 and 5. In any event, if the 2nd respondent is not in a position to dispose of the said written complaint, the 2nd respondent is directed to consider the case of the petitioner for grant of interim maintenance, pending disposal of the written complaint dated 16.03.2025 within a period of four (04) weeks from the da