PATTAMMA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The first respondent has perfunctorily rejected the petitioner's application under Sec. 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 [for short, 'the Act'] with the impugned Endorsement dtd. 1/8/2023 [AnnexureD] directing the petitioner to approach the civil Court. The question for consideration is has the first respondent abdicated the responsibility with the Statute.

(2.) The petitioner's case is that she has executed a Relinquishment Deed in favour of the private respondents [her brother-in-law and nephew] under the circumstances set forth in a petition with the first respondent. If the petitioner, who is aged 83 years, is divested of some interest in the property, she must be entitled for the remedy under the Act in that regard. Even otherwise, as a Senior Citizen she is entitled to certain rights that are secured under the Act.

(3.) As such, the first respondent could not have issued the impugned Endorsement without examining whether there was need for any intervention. Therefore, this Court must allow the petition quashing the first respondent's Endorsement dtd. 1/8/2023 directing the Assistant Commissioner, Mysuru Sub-Division, Mysuru to consider the petitioner's application after issuance of notice to the concerned respondents. Therefore, the following: