Nnelaturi Mariyamma Vs The State of Andhra Pradesh

The State of Andhra Pradesh, rep by its.. Principal Secretary, Department of Department of Women, Child, Disabled,^andSenior Citizens Welfare, Andhra Pradesh Secretariat, Velagapudi,^GunturDt., Andhra Pradesh.

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The Revenue Divisional Officer Cum Preceding Officer,^Tribunalof Maintenance of Parents and Senior Citizens, Kanigiri,^{PrakasamDistrict} at Ongole District, Andhra Pradesh.

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...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Order or direction particularly,^{oneinthenature} of WRIT OF MANDAMUS declaring the action of the 2""' respondent,^innot disposing the complaint dated 20/07/2023 despite of^{completionofmore} than 2 years is nothing but violation of fundamental rights of person guaranteed under the Constitution of India and is contrary^{toSection23of} the Maintenance and Welfare of Parents and senior citizens Act, 2007 (Act 56 of 2007) is as illegal, arbitrary and violation^ofprinciples of natural justice and also violations of Articles 21 and 300-A^{oftheConstitution} of

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India and consequently direct the 2 nd respondents to dispose of the complaint dated 20/07/2023 expeditiously in accordance^withlaw. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^ respondents to dispose of the complaint dated 20/07/2023 expeditiously, and pass such other order or orders in accordance with law pending disposal of the above Writ^Petition. Counsel for the Petitioner: Ms. NALLANAGULA LALITHA SREE

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Counsel for the Respondents: SRI V.RAMA KRISHNA, GP^FORWOMEN

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DEVELOPMENT & CHILD WELFARE

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The Court made the following: ORDER

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APHC010096812025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3458]

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TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 5010/2025

Between:

Nelaturi Mariyamma

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1 .Nallanagula Lalitha Sree

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Counsel for the Respondents:

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GP for Women Development and Child Welfare

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The Court made the following order:

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Heard Smt. Nallanagula Lalitha Sree, learned counsel^{forthepetitioner} and Sri V. Rama Krishna, learned Government Pleader for Women Development and Child Welfare appearing for the respondents.

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The petitioner contends that she is a senior citizen^{agedabout70years} and is residing in a house assigned in her favour on^{20.05.2022,whichisan} extent of 800 square feet located in Sy. No.394 of^{NakkalathippaVillage,} Kanigiri Mandal, Prakasam District. The petitioner's^{sonanddaughter-in-law}

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have started harassing the petitioner to vacate the subject property and hand it over to them.

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Unable to bear the harassment, on 20.07.2023 the petitioner^fileda complaint before the 2"^^ respondent under the Maintenance^andWelfareof Parents and Senior Citizens Act, 2007 (Act 56 of 2007), seeking relief against her children and for grant of maintenance.

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Today, when the matter is taken up for admission, the learned Government Pleader for Women Development and Child Welfare has placed on record a copy of the written instructions dated^{27.02.2025receivedfrom} the 2^^ respondent; a perusal of the same would reflect that, pursuant to the application of the petitioner, notices were issued on 20.09.2023, to attend for an enquiry on 30.09.2023. The enquiry was subsequently postponed to 07.10.2023. However, on 07.10.2023, the petitioner's^son failed to file an explanation. Thereafter, further notices were issued on 22.02.2025 scheduling the enquiry for 07.03.2025.

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Having regard to the same, since the respondents have initiated the action, no Mandamus is required to be issued against the respondents. Needless to observe that the respondents shall pass appropriate orders on the complaint made by the petitioner within a period^{offourweeksfromthe} date of receipt of this order.

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With the above observation, the Writ Petition is disposed^{of.Thereshall} be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand closed.

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//TRUE COPY//

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Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR

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SE OFFICER

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To,

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The Principal Secretary, Department of Department of Women, Child, Disabled & Senior Citizens Welfare, State of Andhra Pradesh,

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Secretariat, Velagapudi, Amaravati, Guntur District.

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The Revenue Divisional Officer-cum-Preceding Officer, Tribunal of Maintenance of Parents & Senior Citizens, Kanigiri, Prakasam District at Ongole District, Andhra Pradesh.

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