High Court · 2025

The State of Telangqna, Depa(ment for Womg!, Children, Disabled and S"nioititiieii 1bfli), s'ecreitariat Buildings, Hyderabad, Rep bv its Principal Secretary. The District Collector, Bhadradri Kothagudem District' The Superintendent of Police, Bhadradri Kothagudem District' The Station House Officer, Bhadrachalam Police Station, Bhadradri Kothagudem District. t\4anouluri Srinivasa Rao, S/o M. Kanakaraju, Aged about 59 years, dccui. Business, R/o H.No.13-3-95, Ashoknagar Colony, Bhadrachalam lown and Mahdal, Bhadradri (othagudem District. The Sub Collgctor, Bhadradri Kgthagudem District. - ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circum$tances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of WritofMANDAMUS,declaringtheactionoftheRespondents2to4hereininnot initiating immediate necessary steps to implement the order passed in favour of the Petitioners herein and against Respondent No.S in senior citizen case No. 1 of 2022, dalec 27.)4 2023, on the file of the Court of tlre Tribunal for Welfare of Parents and s,3nior citizens and sub-collector, Bhadrachalam, tr: get Respondent No.S herein evicted from the house of the petitioners bearirrg H.No.13-3-gS, 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.2l, in terms pf tire provisions of The lvlaintenancer and Welfare of Parents and S,snior Citizels AcL,2007, as illegal, arbitrary ancl v,elative of Article 14. 19 and 21 of lh= constituticn of lndia, read with section 4 of :he Maintenance and Welfare of Parents aqd Sqnior Citizens Ad,2AO7 qnrj Consequenfly direct the Respondents 2 to 4 herqip to initiatg immediate nepessAly steps tq ir,nplement the order pqsse! in Senior Citizen Casg No.'1 o{ 2022, dated 27.04 2(t?3, on the file of the court of the Tribunal for lvelfare of p4rentq and genior citizens and gub- collector, Bhadrachalam and registgr and investigate the complai,rt lodged by the 2nd Petitioner lo Responflents 3 and 4 herein against the 5th Respondent herein forthwith. IANO:1OF2 25 Petition unde'seption 151 epc praying that in the circumstances stated in the affidavit filed in sruppoSt of the petition, th9 High Court may be pleased to direct the Responden"-s 2 ro 4 herein to initiate immediate nec€ssary ac;tion against [he 5th Respondent herein by ensuring that the 5th Respondent he!:ein is paid lhe maintenance anrount as orderq! by lhe Tribunal for Welfare of pargnts arm Senior Citizens and Sub-Collectqf, Bhadrgchalam in Senior Citi:ten Casr:r No..l of 2Q22, dated 27.04.2Q2:3, pending disposal of the above Writ petition. Counsel for the Petitioner: SRI KONDAPARTHI SRIN|VASA Counsel for the Respondent Nos.1 and 2: ep FOR SOCIAL WELFARE Counsel for the Respon{gnt Nos.Q and 4: Gp FOB HOME Counsel for the Respon{ent lrf o.5:.,-- The Court made,the following: ORDER f') HON'BLE SRI JUSTICE C.V.BHASKAR REDDY U/RIT PETITION No.7153 of2025 ORDER: This Writ Petition, under Article 226 of 't]ne Constitution of India, is hled seeking the following relief: "...to issue a Wit, order or dtrection more parttcuLarlg one in the nature o7 WAt o7 \I4XOAMIJS, declaring the action of the Respondents 2 to 4 ierein ii not initiating immediate necessary steps to inq)lement the order pisea in Jauour o7 ilw Petitioners h.erein and against Respondent No'S ii i"nio, 4itizen cLse No.1 of 2o22' doted 27 o4 2023, on the fle of the and Sub- Coirt oJ tn" Trtbunal for Weliare of Parents and Senior .Citizens Coltecior, Bhadrachaiam, to get Rispondent No'S herein euicted from the lause of the Petttioners bearing H.No.13-3 9!, ,Ashofnagar Cotony' Bhadraihalam TolDn and Mqndql, Bhqdradi Kothagudem District and to tratlsfer House Tax Register of the said trouse in tlrc name.of Petitioner ii.z, ii terms of he frouiston's of The Maintenance and Welfare of Pare,nts ond Senior Citizens Act, 2OO7, as itlegal' arbitrary and uiotatiue oj,lrti.L. 14, 19 and 21 oI the Cott-stitution of India, read uith Section 4 th. Moint nonce and Welfare of Parents and-senior Citizer* Act' 2007 ini Con""qr.nttg direct ihe Respondents 2 to 4 herein to initiote immediate ,n""rioiry steps to inlplement the order passed in Senior Citizen Case uo.l of zozz, dated ,7.o4.2o23, on tLrc file of tLrc Caurl of iatunot for Welfare of Porents and Senior Citizens and Sub' CotLector, Btndrochoiam ancl register and inuestigate the complaint todged by the 2"d Petitioner to Respondents 3 and 4 herein against the Sth Respondent Lrcrein forthwith- "' -i7 It is stated that the petitioners are senior citizens and the 2. respondent No.S is their son' It is further stated that as the respondent No.S failed to provide maintenance and did not take care of their medical needs, the petitioners filed Senior Cttizen Case No'1 of 2022 on the f1le 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 2 Senior Citi:u ens .{ct, 2007 (for short "the Senior rlitizens Act,,). The Tribunal. vide crder dated 27.O4.2023, directed the resporrclent No.S to pay mzLintenance of Rs.5,O00/- per month to ea,:rh of the petitioners anrl to vacate their house bearing N,t.13_3 95, Ashoknagar Colony, Bhadrachalam. The grievance of the l)etitioners is that inspite tf the said order, the respond(,nt No.I: has not complied with tht: directions of the Tribunal.

3. On 1(1.03 12025, this Court issued notice to the r::spondent No.S and p,:rmitred the learned counsel for the F,etittoners to take out personal no ice. A memo dated 21.O3.2O25 enclosing r_he postal track reporl. u,as filed by the learned counsel for thc pr:titioners, evidencing that notice was served on the respondent No.S on

15.03.2025. Inspite of service of notice, there is no represell tatirtn on behalf of the respondent No.5.

4. The learnecl counsel for the petitioners submittr:d that the order dated 27 o1-2023 passed by the Tribunal has attainerr rrnality, as no appeill has been preferred by the respondent No.5. It is submitted ttrat €'"'en after lapse of nearly two years, the srlid order has not bee r irrLplemented. Therefore, the learnecl coul,rsr )l prayed this Court tc dirt:r:t the Tribunal to take steps for its enforcrement in accordance vdth la.w. I I i t 3

5.Asseenfromthematerialplacedonrecord,thepetitioners' 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.S,OO0/- to each petitioner and to deposii the same in their respective bank accounts by 56 of every month and the proof of payment shall be submitted to the Tribunal' The respondent No'S 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' It is not in dispute that the order passed by the Tribunal has attained hnality. Even after lapse of two years, the respondent No'S has not complied with the order passed by the Tribunal' In view of the above, this Court deems it appropriate to dispose 6. of the writ petition by directing the Tribunal to take all necessary steps for effective implementation of the order dated 27 'O4 '2023 passed in Senior Citizen Case No 1 of 2022, including eviction of respondent No.S from the subject premises, recovery of maintenance amounts due, and for facilitating transfer of the house tax records in the name of Petitioner No.2, in accordance with the provisions of the Senior Citizens Act and the Rules made thereunder' If necessary' the respondent No.4 shall provide police assistance to the Tribunal for I t 4 execution of tlt,: order. The entire exercise shall lte cornp leted within a periorl of fortr (4) weeks from the date of receipt of a r;opy of this order. 7 Witl: the above directions, this Writ petition is dispc,sed of As a seq'tel, the miscellaneous petitions pending, if any, shall stand clost:d. I o order as to costs. //TRUE COPY/I SDiJMOHD. ISMAIL DEPUTY REGISTRAR 7I, sE()Tto(//oFFlcER 1 " KothaguJem District. iint,-'ndent of Police, Bhadradii Kothagudern Distric'' The Prinlioal Secretary, Department for Women, Children' D sabled and s".iti Clii!"i,i ioWl, S""t.jtaiat Buildings, The State of Telangana' Hvderab ad. -oist:ict z tie C ollector, Bhadradri Kothagudem Distrtct I rr-,. 5ro ; iil; StiG; iior." bni""i' Bhadrachalam Police Station' Bhadradri 5 o;;at i" Si, Kondaparlhi Srinivasa, Ad-vocate [OPUC] 6 il; dCjio ? i;; cc 6 fir" op ror. Home, High cpurt for the Qtate of Telangana' at HyderabadlC UTI B. Two QD CoP es Hyderabad [0UT] ioi$Sciat Wettare High Cour:, foi the State ,)f Telangana, at -Op To, TJ tI IF I) \ HIGH COURT DATED:2,210412025 I <:. ,1 < "- ,.1- ' OF TE t_4 C' \ .$ d\ s)' lv!tu ,r. l- lr -1i.,-t,- \:.;, \ --') \.. .?/ ORDER WP.No.7153 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS I M