THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.25918 OF 2025

ORAL ORDER:

Heard learned counsel for the petitioner and Mr.L.Ravinder, learned Assistant Government Pleader for Revenue appearing for the respondents.

2. The Petitioner herein is the mother and the 4^th respondent is the elder daughter of the petitioner. The petitioner herein filed an application under Section 4 of the Maintenance And Welfare of Parents and Senior Citizens Act, 2007 (for short ‘the Act’) before the 2^nd respondent seeking maintenance from 4th respondent i.e., Pakanati Sridevi-elder daughter and younger daughter Pingali Srivani. Vide order dated 19.07.2023, the 2nd respondent directed the 4^th respondent and Pingali Srivani to pay an amount of Rs.10,000/- every month to the petitioner.

3. Challenging the said order, the 4^th respondent filed a writ petition vide W.P.No.34614 of 2023 and this Court vide order dated 22.07.2024 dismissed the said writ petition. According to the learned counsel for the petitioner, the 4th respondent did not prefer any appeal challenging the said order. It attained finality. Therefore, petitioner had submitted representations dated 27.03.2023, 26.04.2024, 30.09.2024 and 16.12.2024 to respondent No.2 with a request to enforce the said order. Despite receiving and acknowledging the said representations, the 2nd respondent did not act upon the same. Aggrieved by the said inaction of the 2nd respondent, the petitioner has filed the present writ petition.

4. According to the petitioner, her younger daughter has been paying the aforesaid amount of Rs.10,000/-p.m. awarded by the 2nd respondent vide order 19.07.2023, to the petitioner and there is no default on her part.

5. Whereas learned Assistant Government Pleader for Child and Social Welfare Department on instructions would submit that the 2nd respondent will consider the said representations submitted by the petitioner seeking enforcement of the order passed by the 2nd respondent by putting the petitioner and the 4^th respondent on notice and affording them an opportunity.

6. It is relevant to note that Section 11 of the Act deal with Enforcement of order of maintenance. It is extracted below:

“(1) A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non- payment of the allowance, or as the case may be, expenses, due.

(2) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) and shall be executed in the manner prescribed for the execution of such order by that Code.”

7. In the light of above submissions, this Writ Petition is disposed of directing the 2nd respondent to consider the aforesaid representations dated 27.03.2023, 26.04.2024, 30.09.2024 and 16.12.2024 submitted by the petitioner and pass appropriate orders in accordance with law, by putting the petitioner and the 4th respondent on notice and by affording them an opportunity. He shall complete the entire exercise within thirty (30) working days from the date of receipt of a copy of this order. There shall be no order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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K. LAKSHMAN, J

01.09.2025 dv