LAWS(MPH)-2016-8-245

RAJESH KUMAR TAMRAKAR Vs. STATE OF M.P.

Decided On August 24, 2016
Rajesh Kumar Tamrakar Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Shri Sunil Pandey, learned counsel for petitioner.

(2.) Petitioner calls in question the correctness of order dated 27.05.2015 passed by Collector, Seoni in purported exercise of his powers under Sec. 21 and 22 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, read with Rule 19 of M.P. Maintenance and Welfare of Patents and Senior Citizens Rules, 2009.

(3.) Respondent No.4, a septuagenarian invoking the provision of Sec. 21 of 2007 Act filed an application before the District Magistrate, Seoni seeking indulgence that having retired from the service of State Bank of India, as Branch Manager in the year 1998, he settled down in the house situated at Somwari Bajar, of his ownership. That, in the year 2013, the applicant suffered heart ailment and had to take medical treatment at Bangalore and Jabalpur. That, while undergoing a treatment at Jabalpur in 2014, the petitioner, younger son of respondent No.4, who was married on 10.12.2013, reportedly started demolishing the house with an intention to construct a new house there-over and denied the access to respondent No.4.