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

ORDER:

This writ petition is filed seeking following relief:

“Hence in view of the foregoing it is therefore, prayed that this Honorable Court in the interest of justice, be pleased to issue an order or direction more particularly one in the nature of Writ of MANDAMUS By declaring the action of the Respondent No:3 in not disposing of the case file No; L1/232/2023 dated 13-04-2023 filed under the Maintenance and Welfare of parents and Senior citizen’s Act 2007 as per the provisions and rules governing the Act for taking action against the unofficial Respondents for their illegal acts of harassing me and trying to usurp my property without any rights over it is illegal, arbitrary, discriminatory and violative of Art. 14, 21 and 300-A of the Constitution of India apart from being violative of principles of natural justice and Consequentially to direct the Respondent No;3 to dispose of the case expeditiously in file No; L1/232/2023 dated 13-04- 2023 filed under the Maintenance and Welfare of parents and Senior citizen’s Act 2007 by passing appropriate orders and pass such other and further orders as this Honorable Court may deem fit and proper in the circumstances of the case.”

2. It is stated that the petitioner is the senior citizen and aged about 76 years and retired from Government service and suffering with all old age ailments. It is further stated that the petitioner is absolute owner and possessor of residential house bearing No.32-67/8, situated at New Balaji Colony, RK Puram, Neredmet, Malkajgiri District, having purchased the same through a registered Sale Deed bearing Document No.6104 of 2001 dated 20.09.2001. It is further stated that the 4^th respondent is the daughter of the petitioner and 5^th respondent is her husband and the petitioner has two sons, one son is residing in the same house at 2^nd floor and the other son is staying at abroad. It is further stated that the petitioner has permitted respondent Nos.4 and 5 along with their daughter and son to temporarily stay in the 1^st floor portion of the same house. It is further stated that respondent Nos.4 and 5 are refusing to vacate the said portion and misusing the house with illegal activities. It is further stated that the petitioner has filed a complaint on 13.04.2023 invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 on the file of the 3rd respondent-Revenue Divisional Officer. It is further stated that acting on the said complaint, the 3rd respondent has issued notices to the petitioner as well as respondent Nos.4 and 5 asking them to appear on 03.06.2023 vide File No.L1/232/2023 dated 24.05.2023. The grievance of the petitioner is that the petitioner as well as respondent Nos.4 and 5 attended the office of the 3^rd respondent, but nothing has been materialized in the said complaint and the same is not disposed till date. Therefore, the petitioner is not receiving any maintenance. Hence, the present writ petition.

3. Considered the submissions made by the learned counsel for the parties 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. The learned counsel for the petitioner contends that the very object of the enactment of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is to provide maintenance to the senior citizens and also to attend the medical emergencies and non-disposal of the complaint dated 13.04.2023 by the 3^rd respondent amounts to deviating the very purpose of the enactment of the said Act.

5. In view of the said submission, keeping in view of the petitioner’s age and since he is a senior citizen and suffering with old age ailments, the ends of justice would be met if the 3rd respondent-Revenue Divisional Officer is directed to dispose of the complaint dated 13.04.2023 filed by the peti