THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION No.28932 of 2023

ORDER:

This writ petition has been filed seeking to declare the action of respondent Nos.1 to 6 in not implementing the order passed by respondent No.5 in File No.E/1051/2022 dated 16.05.2023, inspite of lapse of more than four months as arbitrary and contrary to the rules framed under the Maintenance and Welfare of Parents and Senior Citizens Act and for other appropriate reliefs.

It is stated that the petitioner herein, who is a senior citizen, is the mother of respondent Nos.9 to 11 and she instituted a case on the file of respondent No.5 herein i.e., the Tribunal constituted under the Maintenance, Welfare of Parents and Senior Citizens Act, vide File No.E/1051/2022, alleging that respondent Nos.9 to 11 neglected to provide her maintenance and also not attending medical emergencies. It is stated that the Tribunal, after contest, allowed the said case on 16.05.2023 directing respondent Nos.9 and 10 to deposit an amount of Rs.4,500/- each and respondent No.11 to deposit Rs.1,000/- per month into the bank account of the petitioner on or before 10^th of every month, besides looking after her health and maintenance. The grievance of the petitioner is that when respondent Nos.9 to 11 failed to comply with the said order, she was constrained to approach respondent Nos.5 and 7 seeking implementation of the said order of the Tribunal, but so far no action has been taken by respondent Nos.5 and 7.

Considered the submissions of the learned counsel for the parties and perused the record.

It is very unfortunate that despite specific directions given by the Special Tribunal vide its order dated 16.05.2023 for depositing monthly maintenance into the account of the petitioner herein, who is a senior citizen, apart from providing basic necessities and looking after her medical emergencies, respondent Nos.9 to 11 failed to implement the said order. This writ petition is pending for the last two years and despite service of notice on respondent Nos.9 to 11, no counter affidavit has been filed opposing the claim of the petitioner. In view of the same, this writ petition is allowed with costs of Rs.60,000/- (Rupees Sixty Thousand Only) payable by respondent Nos.9 to 11, i.e., Rs.20,000/- each, into the bank account of the petitioner, within a period of two months from the date of receipt of a copy of this order, by directing respondent No.5 to take all necessary measures for implementation of the order dated 16.05.2023 in File No.E/1051/2022, if necessary by taking police assistance. Pending miscellaneous applications, if any, shall stand closed.

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C.V.BHASKAR REDDY, J

03.04.2025 JSU