Kontham Devaiah v. The State Of Telangana And 8 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 2113 OF 2020 O R D E R :

This writ petition is filed for the following relief; "..to issue any appropriate writ, order or direction particularly one in the nature of writ of mandamus questioning the action of the 2nd respondent Tribunal in not taking the consequential action and in not directing the Respondents No.4 to 9, for the maintenance and welfare of the petitioner, in terms of Section -4, pursuant to the Petitioner's Application dated 04.01.2019 under Section-5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act No.56 of 2007) and the Notice dated 3001-2019 in Case No.

G/39/2019 on the file of the 2nd respondent, as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India and also contrary to the Provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007) and consequently direct the 2nd respondent-Tribunal to dispose of the application dated 04-01expeditiously and direct for payment of Maintenance/Interim Maintenance in terms of Section 4&5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and pass such other orders as may be just."

The only grievance of the petitioner is that petitioner made an application under Sections 4 and 5 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short 'the Act') before the 2nd respondent against the unofficial respondents and the same is kept pending by the 2nd respondent, though he is obligated to dispose of the same within 90 days as per Section 5(4) of the Act.

Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Women and Child Welfare.

In view of the facts and circumstances of the case, the 2nd respondent is directed to dispose of the application of the petitioner dt.04.01.2019, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 03.02.2020 t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 2113 of 2020 03.02.2020 tk