Alluri Madhusudhana Venkata Chalapathi Raju S/o Dr. Krishnam Raju v. State of Andhra Pradesh
2026-01-31
VENKATESWARLU NIMMAGADDA
body2026
DigiLaw.ai
ORDER : 1. This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ or order or direction more particularly in the nature of a Writ of MANDAMUS declaring the action of the 2 nd respondent in keep it pending neither numbered nor returned the statutory appeal filed by the Petitioner u/s 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is illegal, arbitrary, unjust and violative of Principles of Natural Justice and Article 14, 21 and 300-A of the Constitution of India and consequently directing the 2 nd respondent to entertain the statutory appeal filed by the Petitioner as per procedure established under Law and pass other order or orders...” 2. Heard learned counsel for the petitioner, learned Government Pleader for the respondent Nos.1 to 3 and learned counsel for respondent No.4. 3. Learned counsel for the petitioner submits that the petitioner filed an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (herein after referred as ‘Act’) assailing the order dated 11.03.2024 passed by respondent No.3. Even though the appeal is filed in the month of April, 2024, but for one reason or the other the appellate authority i.e., 2 nd respondent herein neither considered the appeal nor disposed of the same on merits by providing opportunity of hearing to the petitioner. 4. Learned counsel for the petitioner submits that even though the petitioner is son of respondent No.4, but the petitioner is aged about 64 years even at the time of institution of original proceedings before the 3 rd respondent. The petitioner is also a senior citizen. Section 16 of the Act, clearly and categorically states that an appeal can be filed against the order of the 3 rd respondent by any senior citizen or parent. Since, the petitioner being senior citizen as per the section 2(h) of the Act, the petitioner is entitled to file appeal. 5. Learned counsel for the respondent No.4 submits that the object of the legislature while enacting Section16 is to provide appeal to the parents only even though it refers the word senior citizen, it to be construed who instituted the petition for want of maintenance against their kith and kin, they only entitled to file appeal. 6.
5. Learned counsel for the respondent No.4 submits that the object of the legislature while enacting Section16 is to provide appeal to the parents only even though it refers the word senior citizen, it to be construed who instituted the petition for want of maintenance against their kith and kin, they only entitled to file appeal. 6. Learned Government Pleader appearing for respondent Nos.1 to 3 submits that the appeal was numbered as Appeal No. 11 of 2023 on the file of the 2 nd respondent, but the same is pending for consideration. 7. Heard the learned counsels representing all the parties and perused the material placed on record. It is observed that in view of the Section 16(6) of the Act, 2007, the appellate authority is under statutory obligation to dispose of the appeal, if any, within a period of 30 days after providing opportunity of hearing to the appellant and respondent therein. But in the instant case, the appeal is pending since 2024. As such, this court is of the considered view, the present Writ Petition can be disposed of directing the 2 nd respondent herein to consider and dispose of the appeal after providing opportunity of hearing to parties concerned, within a period of 30 days from the date of receipt of copy of this Order. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.