Kochi: In a significant development, the Kerala High Court ruled that the district magistrate (collector) has the power to evict those still staying with their aged parents to ensure the latter's safety, dignity and wellbeing.
However, the court urged that this special order, which comes under the Senior Citizens Welfare Act, be enforced with maximum caution.
“The authorities will have to ensure that the act is not being misused for settling property disputes among siblings,” Justice Satheesh Ninan said.
The development came following a petition filed by an 80-year-old resident of Edapally.
The octogenarian approached the High Court after the district magistrate rejected his demand for evicting his son staying on the first floor of the house.
The collector in his order clarified that there were no obstacles for the senior citizen to live peacefully in the ground floor and ordered the son to pay Rs 5000 maintenance to him.
The senior citizen’s son argued that the eviction order cannot be issued based on Senior Citizens Maintenance Act.
The court, which set aside the magistrate's order, said that the objective of the law was to ensure the protection of senior citizens and if required eviction is possible under rule 19(2) (1) of the Act.
The court said such an action should be carried out only if it is found in the probe that it is necessary for the peaceful life of the senior citizen. An inquiry should be carried out to conclude whether eviction is required nor not.
