HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.7153 of 2025

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS, declaring the action of the Respondents 2 to 4 herein in not initiating immediate necessary steps to implement the order passed in favour of the Petitioners herein and against Respondent No.5 in Senior Citizen Case No.1 of 2022, dated 27.04.2023, on the file of the Court of the Tribunal for Welfare of Parents and Senior Citizens and Sub- Collector, Bhadrachalam, to get Respondent No.5 herein evicted from the house of the Petitioners bearing H.No.13-3-95, Ashoknagar Colony, Bhadrachalam Town and Mandal, Bhadradri Kothagudem District and to transfer House Tax Register of the said house in the name of Petitioner No.2, in terms of the provisions of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, as illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India, read with Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and Consequently direct the Respondents 2 to 4 herein to initiate immediate necessary steps to implement the order passed in Senior Citizen Case No.1 of 2022, dated 27.04.2023, on the file of the Court of the Tribunal for Welfare of Parents and Senior Citizens and Sub- Collector, Bhadrachalam and register and investigate the complaint lodged by the 2^nd Petitioner to Respondents 3 and 4 herein against the

5^th Respondent herein forthwith...”

2. It is stated that the petitioners are senior citizens and the respondent No.5 is their son. It is further stated that as the respondent No.5 failed to provide maintenance and did not take care of their medical needs, the petitioners filed Senior Citizen Case No.1 of 2022 on the file of the Tribunal for Welfare of Parents and Senior Citizens-cum-Sub Collector, Bhadrachalam (for short “the Tribunal”) under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short “the Senior Citizens Act”). The Tribunal, vide order dated 27.04.2023, directed the respondent No.5 to pay maintenance of Rs.5,000/- per month to each of the petitioners and to vacate their house bearing No.13-3-95, Ashoknagar Colony, Bhadrachalam. The grievance of the petitioners is that inspite of the said order, the respondent No.5 has not complied with the directions of the Tribunal.

3. On 10.03.2025, this Court issued notice to the respondent No.5 and permitted the learned counsel for the petitioners to take out personal notice. A memo dated 21.03.2025 enclosing the postal track report was filed by the learned counsel for the petitioners, evidencing that notice was served on the respondent No.5 on 15.03.2025. Inspite of service of notice, there is no representation on behalf of the respondent No.5.

4. The learned counsel for the petitioners submitted that the order dated 27.04.2023 passed by the Tribunal has attained finality, as no appeal has been preferred by the respondent No.5. It is submitted that even after lapse of nearly two years, the said order has not been implemented. Therefore, the learned counsel prayed this Court to direct the Tribunal to take steps for its enforcement in accordance with law.

5. As seen from the material placed on record, the petitioners, who are aged about 79 and 72 years respectively, are the parents of respondent No.5. The Tribunal, vide its order dated 27.04.2023, directed the respondent No.5 to pay monthly maintenance of Rs.5,000/- to each petitioner and to deposit the same in their respective bank accounts by 5th of every month and the proof of payment shall be submitted to the Tribunal. The respondent No.5 was further directed to vacate the petitioners’ house bearing No.13-3- 95, Ashoknagar Colony, Bhadrachalam and to cooperate in transferring the house tax records in the name of Petitioner No.2