THE HONOURABLE SRI JUSTICE N.TUKARAMJI WRIT PETITION No.18722 OF 2017

ORDER:

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

“…to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, directing the respondents to restore the possession of property i.e., House bearing H.No.19-2-111/A, Tadban, Hyderabad, State of Telangana and to give necessary protection by initiating action under Section 21 R/W. Rule 21 of The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 by causing necessary enquiry on the complaint filed by the petitioner dated 27.05.2017 and pass such other order or further orders as this Honourable Court deems fit and proper in the circumstances of the case.”

2. Heard Mr. P.Ravi Shanker, learned counsel for the petitioner and Mr. M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4.

3. Learned counsel for the petitioner submits that the petitioner seeks a direction to the respondents, including the unofficial respondent No. 5, to restore possession of the house property and to provide necessary protection by initiating appropriate proceedings under the

4. Learned Assistant Government Pleader for Home submits that if the petitioner is aggrieved, he ought to have availed himself of the statutory remedy available under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

5. Learned counsel appearing for respondent No. 5 submits that there are no specific instructions in the matter.

6. I have perused the materials placed on record.

7. As per the petitioner’s contention, respondent No. 5, who is his elder son, is presently in possession of the petitioner’s house property. From the averments made, it is evident that no proceedings have yet been initiated by the petitioner under the statutory mechanism provided by the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

8. In view of the aforesaid position, the petitioner is directed to avail the remedy available under the said Act, as the issues raised involve questions of fact that require proper adjudication under the statutory framework. Accordingly, this writ petition is disposed of, reserving liberty to the petitioner to avail the remedies provided under the the cause of action continues to subsist.

Miscellaneous Petitions, pending if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 08.10.2025

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