Malati Shaw And ANR. v. State Of West Bengal And ORS.

18.02.2025 W.P.A. 6154 of 2024 Item No.27 Ct. No.35 dc.

Smt. Malati Shaw & Anr.

versus The State of West Bengal & Ors.

Mr. Biswarup Biswas, Mrs. Atreyee De Ganguly ... For the Petitioners. Mr. Manas Kumar Das, Mr. Arijit Bera ... For the Respondent No. 4.

Mr. Sayan Kanjilal ... For the Respondent No. 5.

Mr. Rakheswar Dey Sarkar ... For the Respondent No. 6. Affidavit-of-service filed in Court today be kept with the record.

Petitioners being parents intend to enter the residence at B/8C/H/3, Jogodyan Lane, P.O.

Kankurgachi, P.S. Phoolbagan, Kolkata-700054. Learned advocates appearing for the private respondents submit that there is already an assigned room at the residence and they have no objection, if the parents go and stay at the said room within the residence.

In case any resistance is faced by the parents being the petitioners at the said address, the Officer-in-Charge, Phoolbagan Police Station will depute a lady police officer who would escort the petitioners and ensure that they are given a smooth and safe entry at the residence. Every alternate day, for a period of fortnight, the said lady officer will visit the residence to assess as to whether the petitioners are faced with any untoward situation.

Such arrangements, as observed aforesaid, would continue for a period of 15 days within which the petitioners would prefer appropriate application before the authorities under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. The concerned authority would pass necessary direction. In case such a direction is passed, police authorities would respect, obey and implement the said order.

Affidavits-in-opposition filed on behalf of the respondent no.5 and respondent no.6 be kept with the record.

Since no reply has been used by the petitioner, the contentions in the affidavits-inopposition filed on behalf of the respondent nos.5 and 6 are deemed not to have been admitted.

With the aforesaid observations, the writ petition being WPA 6154 of 2024 is disposed of. There will be no order as to costs.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)