L. LALITHA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, a lady aged 70 years has approached this Court alleging that her property is taken away by her children through fraudulent means. She is now left in an old age home. It is reported that she has filed a suit for setting aside the title deed and for restoration of the 2.5 cents of land and building therein, where one of her sons is stated to be living. The WP(C) filed for police protection as such is not maintainable because there is no threat to her life and no interference whatsoever is said to be caused by her children in the old age home where she is now residing. We feel instead of pursuing civil suit, it is for the petitioner to file appropriate application against her children for maintenance under Section 9 and for restoration of her property under the relevant provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. If an application is filed before the RDO or any other statutory authority, such authority should promptly take it on file, issue notice to the respondents, hear them and pass orders thereon without any delay. The petitioner is directed to enclose a copy of this judgment along with the application so filed, for such authority to take immediate action. This Writ Petition is disposed of giving freedom to the petitioner to take up the matter with the RDO or any statutory authority for maintenance as well as for restoration of property.