NNELATURI MARIYAMMA v. The State of Andhra Pradesh
WP/5010/2025 · 2025-03-04
Kiranmayee Mandava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8871 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8871 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5010 OF 2025 Between: Nelaturi Mariyamma, W/o Narasaiah, aged 70 years, R/o. 2-12, SC Colony, Sankavara Prakasam District at Ongole, Andhra Pradesh-523254. ...PETITIONER AND The State of Andhra Pradesh, rep by its.. Principal Secretary, Department of Department of Women, Child, Disabled, and Senior Citizens Welfare, Andhra Pradesh Secretariat, Velagapudi, Guntur Dt., Andhra Pradesh. The Revenue Divisional Officer Cum Preceding Officer, Tribunal of Maintenance of Parents and Senior Citizens, Kanigiri, Prakasam District at Ongole District, Andhra Pradesh.
1.
2. ...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, one in the nature of WRIT OF MANDAMUS declaring the action of the 2""' respondent, in not disposing the complaint dated 20/07/2023 despite of completion of more than 2 years is nothing but violation of fundamental rights of person guaranteed under the Constitution of India and is contrary to Section 23 of the Maintenance and Welfare of Parents and senior citizens Act, 2007 (Act 56 of 2007) is as illegal, arbitrary and violation of principles of natural justice and also violations of Articles 21 and 300-A of the Constitution of
4 nd India and consequently direct the 2 respondents to dispose of the complaint dated 20/07/2023 expeditiously in accordance with law.
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 Counsel for the Respondents: SRI V.RAMA KRISHNA, GP FOR WOMEN DEVELOPMENT & CHILD WELFARE The Court made the following:
ORDER
APHC010096812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 5010/2025 Between: ...PETITIONER Nelaturi Mariyamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1 .Nallanagula Lalitha Sree Counsel for the Respondents:
1. GP for Women Development and Child Welfare The Court made the following order: Heard Smt. Nallanagula Lalitha Sree, learned counsel for the petitioner and Sri V. Rama Krishna, learned Government Pleader for Women Development and Child Welfare appearing for the respondents. The petitioner contends that she is a senior citizen aged about 70 years and is residing in a house assigned in her favour on 20.05.2022, which is an extent of 800 square feet located in Sy. No.394 of Nakkalathippa Village, Kanigiri Mandal, Prakasam District. The petitioner's son and daughter-in-law
2. have started harassing the petitioner to vacate the subject property and hand it over to them. 3. Unable to bear the harassment, on 20.07.2023 the petitioner filed a complaint before the 2"^^ respondent under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (Act 56 of 2007), seeking relief against her children and for grant of maintenance. 4. 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 27.02.2025 received from 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. 5. 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 of four weeks from the date of receipt of this order. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed.
Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SE OFFICER To,
1. The Principal Secretary, Department of Department of Women, Child, Disabled & Senior Citizens Welfare, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Revenue Divisional Officer-cum-Preceding Officer, Tribunal of Maintenance of Parents & Senior Citizens, Kanigiri, Prakasam District at Ongole District, Andhra Pradesh. 3. One CC to Ms. Nallanagula Lalitha Sree, Advocate [OPUC]
4. Two CCs to GP for Women Development & Child Welfare, High Court of Andhra Pradesh. [OUT]
5. Three CD Copies. gi
HIGH COURT DATED:04/03/2025
ORDER WP.No.501 Oof 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS