P.Sreedevi vs District Collector, Pathanamthitta

Kerala High Court

P.Sreedevi vs District Collector, Pathanamthitta on 20 May, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        MONDAY, THE 20TH DAY OF MAY 2024 / 30TH VAISAKHA, 1946
                        WP(C) NO. 25810 OF 2016
PETITIONER/S:

            P.SREEDEVI
            W/O. LATE P.K.SIVAVRUTHAN, KIZHAKKUMMURIYIL,PRAKKANAM,
            ELANTHOOR P.O.,PATHANAMTHITTA DISTRICT.
            BY ADVS.
            SRI.DEEPU THANKAN
            KUM.P.V.JAYALAKSHMY
            SMT.NIMMY JOHNSON


RESPONDENT/S:

    1       DISTRICT COLLECTOR, PATHANAMTHITTA
            PATHANAMTHITTA DISTRICT-689 645.
    2       DISTRICT SOCIAL WELFARE OFFICER
            PATHANAMTHITTA DISTRICT-689 645.



            SRI. VENUGOPAL V (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25810 OF 2016                   2



                                   JUDGMENT

Petitioner has approached this Court, being aggrieved by the fact that, at the instance of certain relatives of the petitioner, Ext.P2 notice has been issued by the District Collector, Pathanamthitta, proposing to shift the residence of the petitioner against her wishes. According to the petitioner, she is happily residing along with her husband's nephew , who is taking care of all her needs and some other relatives had cooked up a story that she was not being properly cared for by her husband's nephew, as a result of which Ext.P2 notice has been issued.

2. Learned Government Pleader submits that if the petitioner is in full control of all her faculties and she is residing with her husband's nephew as desired by her, there is no reason for any authority to shift the residence of the petitioner.

3. When this matter is taken up for consideration today, learned counsel appearing for the petitioner seeks time to get instructions. However, taking into consideration the submission made by the learned Government Pleader, I do not WP(C) NO. 25810 OF 2016 3 propose to adjourn this matter to enable the learned counsel for the petitioner to obtain instructions.

Having regard to the facts and circumstances of the case, the writ petition will stand closed, directing that if the petitioner is in full control of all her faculties and she is residing along with her husband's nephew out of her own volition, the authority shall not interfere with any such peaceful residence of the petitioner.

The writ petition is closed with the above direction.

Sd/-

GOPINATH P. JUDGE ajt WP(C) NO. 25810 OF 2016 4 APPENDIX OF WP(C) 25810/2016 PETITIONER EXHIBITS EXT. P1 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER.

EXT. P2 TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPNDENT DATED 7.7.2016.

EXT. P3 TRUE COPY OF THE REPRESENTATION WRITTEN BY THE PETITIONER IN HER OWN HANDWRITTING DATED 26.7.2016.