SHYLAJA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioners are invoking the writ jurisdiction of this Court for assailing the order dtd. 10/10/2022 passed by the 1st Respondent - Assistant Commissioner at Annexure- A whereby they have been directed to quit the 1st floor of the subject house and hand over its physical possession in favour of 2nd Respondent - Smt. Mariyamma. Learned counsel for the Petitioners vehemently argues that the impugned order suffers from a legal infirmity of great magnitude inasmuch as, the claim of the 2nd Respondent for eviction of the Petitioners could not have been made in the scheme of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. He also points out that the object of the 2007 Act is only to secure well being of the senior citizens and not partitioning of property nor for eviction of the occupants.

(2.) After service of notice, the 1st Respondent Assistant Commissioner is represented by the learned AGA and the 2nd Respondent senior citizen is represented by the learned Sr. Advocate. Both they vehemently oppose the Writ Petition making submission in justification of the impugned order and the reasons on which it has been structured. The 2nd Respondent has also filed the Statement of Objections resisting the Petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter inasmuch as, apparently, the subject property belonged to one Mr. M C Lingegowda, the husband of the 2nd Respondent. 1st Petitioner is the widow, 2nd Petitioner is the daughter & 3rd Petitioner is the son of one Mr. S L Somashekar who is none other than the deceased son of said Lingegowda and the 2nd Respondent. Mr. Somashekar died in a vehicular accident on 6/11/2004.