Smt. S. Hemalatha vs Union Of India
2024 Latest Caselaw 4042 Tel

Telangana High Court

Smt. S. Hemalatha vs Union Of India on 3 October, 2024

Author: Surepalli Nanda

Bench: Surepalli Nanda

       HON'BLE MRS JUSTICE SUREPALLI NANDA

            WRIT PETITION No.27400 OF 2024

ORDER:

Heard CMR Velu, learned counsel appearing on

behalf of the petitioner and the learned Assistant

Government Pleader for Women and Child Welfare

appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking

prayer as under:

" ... to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents No.2 and 4 in not taking action on my representation dated 09.07.2024 as arbitrary, illegal and violation of provisions of Senior Citizens Act, 2007 and Article 21 of the Constitution of India and consequently, direct the respondents No.2 to 4 to evict the respondents 5 and 6 from my house bearing No.26-95/4/2, Balram Nagar, Malkajgiri and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of Justice..."

3. The case of the petitioner in brief is that the petitioner is

72 years old senior citizen and a widow. The petitioner

retired as a Head Nurse from Gandhi Hospital, Secunderabad.

Respondent Nos.5 and 6 who are son and daughter-in-law of

SN, J

WP_27400_2024

the petitioner have been subjecting the petitioner to physical

and mental cruelty. Due to unbearable harassment of

respondent No.6, the petitioner made a representation to the

respondent No.4 to evict the respondent Nos.5 and 6 from the

house of the petitioner and the respondent No.4 received the

said representation on 11.07.2024, however, till date, no

action has been taken. Aggrieved by the same, the present

writ petition is filed.

4. Learned counsel appearing on behalf of the petitioner

placing reliance on the judgment of the Punjab and Haryana

High Court dated 26.09.2013 passed in Letters Patent Appeal

No.1007 of 2013 (O & M). D/d.26.09.2013 in case of "Justice

Shanti Sarup Dewan, Chief Justice (Retired) and

another Vs. Union Territory, Chandigarh and others",

submits that the petitioner is entitled for the relief as prayed

for in the present writ petition.

5. Taking into consideration the observations made

in the above said judgment, the writ petition is

disposed of directing the respondent Nos.2 to 4 to take

appropriate action on the petitioner's representation

SN, J

WP_27400_2024

dated 09.07.2024 addressed to respondent Nos.5 and 6

and acknowledged by the office of respondent No.4 on

11.07.2024 as per the provisions of the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007 by

conducting summary enquiry and by issuing

appropriate directions to all concerned in the interest of

the petitioner herein, within a period of two(2) weeks

from the date of receipt of a copy of this order by giving

notice to all concerned as per the provisions of the said

Act. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ

Petition, shall stand closed.

___________________________ MRS JUSTICE SUREPALLI NANDA

Date: 03.10.2024 Note: Furnish C.C. by two (2) days LPD