Swapan Kumar Banerjee vs The State Of West Bengal & Ors
2021 Latest Caselaw 6004 Cal

02-12-2021
 ct no. 13
 Sl.11
    sp


                       WPA 13713 of 2021
                     Swapan Kumar Banerjee
                               Versus
                  The State of West Bengal & Ors.

                          (Via Video Conference)

             Mr. L. Bhattacharya
                                              ...for the petitioner

             Mr. Ansar Mondal, ld. A.G.P.,
             Mr. Sougata Mitra
                                                   ...for the State

             Mr. Uttam Kr. Bhattacharyya
                                   ...for the respondent no.10

The allegations of discord between the

private respondents/son and daughter-in-law and

the petitioner are corroborated by the report of the

Officer-in-Charge, Mathurapur Police Station.

Counsel for the petitioner submits that his

client does not have any source of income. The

property in question is his only asset. The dispute

arose primarily because the petitioner was unable

to effect the repairs to the first floor of the said

property. The son and daughter-in-law are stated

to have been enjoying the property without paying

any bills.

The aforesaid facts are required to be

established after a due enquiry. The S.D.O.,

Diamond Harbour Maintenance Tribunal, shall

upon receipt of a copy of this order and in terms of

the provisions of the Maintenance and Welfare of

Parents and Senior Citizens Act, 2007, decided

the following questions.

(a) As to whether the private

respondents/son and daughter-in-

law should continue to reside in the

premises,

(b) Whether the son and daughter-in-

law are required to pay for the

maintenance upkeep and repair of

the building,

(c) Whether the petitioner is entitled to

any maintenance from the private

respondents.

Irrespective of the cause of discord between

the petitioner and the son and daughter-in-law,

any violence of the petitioner or his wife is wholly

unacceptable and shall not be tolerated.

The Officer-in-Charge, Mathurapur Police

Station shall register FIR under the appropriate

sections of the IPC and the provisions of the

Maintenance and Welfare of Parents and Senior

Citizens Act, 2007 and shall accordingly

commence investigation on the complaints

lodged by the petitioner. The private

respondents/son and daughter-in-law shall be

warned by the O.C. Mathurapur against any ill-

treatment, harm and/or any trouble to the

petitioner and his wife.

The petitioner shall transmit a copy of this

order to the S.D.O., Diamond Harbour for

appropriate action.

The report of the Officer-in-Charge,

Mathurapur Police Station dated September 14,

2021 addressed to the learned Government

Pleader is kept with the record.

With the aforesaid observations, the writ

petition is disposed of.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)