KOCHI: The High Court has held that the maintenance tribunal headed by the district magistrate has the power to order the eviction of children from their residential building to ensure the peaceful living of senior citizens with security and dignity. Justice Sathish Ninan issued the order while disposing of the petition filed by Thoppil Anto, 80, of Edappally seeking eviction of his son and family from the first floor of his residential building alleging that he was not being allowed to lead a normal life there with security and dignity.
Though he had approached the maintenance tribunal seeking the eviction of his son and family, the plea was rejected. The tribunal had instead ordered that the peaceful residence of the petitioner in the ground floor of the building shall not be interfered with by the son and family and that `5,000 be paid towards the maintenance of the senior citizen.
The court set aside the tribunal’s order and directed it to pass a fresh order on Anto’s plea after hearing the parties. It observed that Section 4(3) of the Maintenance and Welfare of Parents and Senior Citizens Act (2007) makes it the obligation of children to maintain their parents. It was in consonance with the act that Rule 19 was enacted, making the district magistrate (collector) responsible to ensure that senior citizens are able to live with security and dignity.
The court observed that the DM has the power to order an eviction, to ensure the peaceful living of a senior citizen with security and dignity. However, the power has to be exercised very cautiously. It has to be ensured that it was not used as a weapon or tool to settle property disputes among siblings. An order of eviction could be passed by the DM only if an inquiry finds that such an order is necessary to ensure the normal living of the senior citizen, the court said.