District Magistrates can order eviction of family members from the property of senior citizen: Kerala High Court

The Kerala High Court recently ruled that a District Magistrate is empowered to order the eviction of a family member from the house of a senior citizen if the relative’s continued stay was against the peaceful living of the senior citizen with security and dignity (Thoppil Anto v. Glancin C.A. and Anr.). .A single-judge Bench of Justice Sathish Ninan reiterated this interpretation of the Kerala Maintenance Rules, read with provisions of the Maintenance and Welfare of Senior Citizens Act, 2007."The District Magistrate has, under Rule 19(2)(i) the power to order eviction, to ensure the peaceful living of a senior citizen with security and dignity," the court ordered. .The Court however, cautioned against the indiscriminate use of this power, especially to settle family feuds."The power has to be exercised very cautiously. It has to be ensured that it is not made as a weapon or tool to settle property disputes amongst siblings," it said. .District Magistrate has power to order eviction, to ensure the peaceful living of a senior citizen. However, the power has to be exercised very cautiously and not made a weapon or tool to settle property disputes amongst siblings.Kerala High Court.The Court was hearing a petition moved by an octogenarian senior citizen who submitted that the continued residence of his son and daughter-in-law in his residence was not conducive to a peaceful life. He, therefore, requested that they be evicted. A prior judgment by the court earlier this year in the same case had declared that the District Magistrate and not the Maintenance Tribunal was the proper forum to approach for such a relief. .Accordingly, the senior citizen approached the District Magistrate seeking the eviction of his son and daughter-in-law, which was denied..Aggrieved, the senior citizen approached the High Court..The respondents based their submissions on a full-bench decision of the Kerala High Court, which had stated that a maintenance tribunal under the legislation could void a gratuitous transfer made by a senior citizen if made on the condition that the needs of the senior citizen were looked after..Maintenance of Senior Citizen as a condition for gratuitous transfer of property: What Kerala HC Full Bench ruled [Read Judgment].However, the High Court observed that the full-bench judgment was made in the context of Section 23 of the Maintenance and Welfare of Senior Citizens Act. The Court went on to interpret Rule 19 of the Kerala Maintenance Rules and the definition clauses of the Maintenance and Welfare of Senior Citizens Act..It reasoned that Rule 19 cast a duty on the District Magistrate to ensure that senior citizens are able to live with security and dignity. A necessary corollary of this was the District Magistrate’s power to order eviction to ensure this security and dignity..Emphasizing that any order accepting or rejecting an application for eviction necessarily had to be based on recorded findings, the Bench concluded that the order challenged had not been reasoned in this manner..“When the relief sought for is eviction, a finding has to be entered into by the authority, either way, as to whether an order of eviction is necessitated or not, on the facts and materials,” the Court went on to hold..Therefore, the Court remanded the matter back to the District Magistrate to be decided afresh after hearing both parties. Advocate Joby Jacob Pulickekudy represented the petitioner while advocate AT Anil Kumar appeared for the octogenarian’s son and daughter-in-law..Interestingly, though the Kerala High Court has specifically stated that it is only the District Magistrate who can direct an eviction from the property of a senior citizen, the Punjab and Haryana High Court (P&H High Court) has held that it is a Maintenance Tribunal that is empowered to order such eviction..Interpreting Section 23 of the Act, the P&H High Court had held:."It would be against logic and common sense to say that while the Tribunal has the larger power under the Act to restore ownership and possession of the property but it does not have the power only to evict the senior citizens’ child or relative in illegal occupation of his property and restore its possession to the senior citizen.".[Senior Citizen Act] Maintenance Tribunals can order eviction of relatives from property of senior citizen: Punjab & Haryana High Court.The Punjab and Haryana High Court defied a number of precedents both from its Court and other High Courts while adopting this position..[Read order]