Citation : 2021 Latest Caselaw 4010 Ker
Judgement Date : 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.28841 OF 2020(E)
PETITIONER:
N.M.SASIDHARAN
AGED 75 YEARS
NADEEKKATTIL HOUSE,
THIRUMALABHAGAM P.O.,
THURAVOORSOUTH,
CHERTHALA,
ALLEPPEY DISTRICT,
(NOW RESIDING AT ROOM NO.1,
SARAL AUDITORIUM, THURAVOOR P.O., CHERTHALA).
BY ADV. SRI.ANIL KUMAR M.SIVARAMAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR
COLLECTORATE,
ALAPPUZHA,
PIN - 688 001.
2 THE DISTRICT POLICE CHIEF
OFFICE OF DISTRICT POLICE CHIEF,
ALAPPUZHA,
PIN- 688 001.
3 THE MAINTENANCE TRIBUNAL/REVENUE DIVISIONAL OFFICER
R.D.OFFICE,
ALAPPUZHA,
PIN - 688 001.
4 THE STATION HOUSE OFFICER
KUTHIYATHODU POLICE STATION,
KUTHIYATHODU P.O.,
CHERTHALA, PIN- 688 533.
5 N.S.ASOKAN
NADEEKATTIL HOUSE,
THIRUMALABHAGAM P.O.,
THURAVOOR SOUTH,
CHERTHALA,
ALLEPPEY - 688 540.
WP(C).No.28841 OF 2020
2
R5 BY ADV. SRI.P.K.GEORGE
R5 BY ADV. SMT.SMITHA GEORGE
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28841 OF 2020
3
JUDGMENT
Dated this the 3rd day of February 2021
The petitioner is a senior citizen aged about
75 years, claimed to be suffering from various
ailments. He is the owner of an item of property
covered by Ext.P1. It seems that, dispute arose between
the petitioner and his only son. Pursuant to Ext.P2
complaint, protection order was passed by the Revenue
Divisional Officer (RDO), Alappuzha. Now an application
under Section 22 of the Maintenance and Welfare of
Parents and Senior Citizen Act is filed and is pending
as Ext.P8 before the first respondent. The grievance of
the petitioner is that, till now no steps has been
taken up. Hence the writ petition is filed.
When the matter was heard earlier, this Court
felt that, there was chance of settlement by mediation.
Accordingly, the matter was referred for mediation. It
seems that, the mediation was not successful, as
submitted by the both sides, though the report is not
received.
WP(C).No.28841 OF 2020
Having considered the entire facts of the case,
I am inclined to dispose of the writ petition itself
with a direction to the first respondent, to take up
and dispose of the Ext.P8 application, as expeditiously
as possible, at any rate, within a period of two months
from today, after hearing both sides, in accordance
with law.
The writ petition is disposed of.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.28841 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PROPERTY TAX RECEIPT FOR 2020-
2021.
EXHIBIT P2 TRUE COPY OF THE ORDER OF 3RD RESPONDENT
DATED 4/10/2017.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 22/2/2017
PREPARED BY PETITIONER FROM THE HOSPITAL BED.
EXHIBIT P4 TRUE COPY OF THE PETITION DATED 11/8/2017 SUBMITTED BEFORE THE KERALA HUMAN RIGHTS COMMISSION.
EXHIBIT P5 TRUE COPY OF THE PETITION DATED 20/3/2018 SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 13/10/2020 MADE BY THE PETITIONER BEFORE THE LANDLORD.
EXHIBIT P7 TRUE COPY OF THE CONSENT LETTER SIGNED BY THE PETITIONER UNDER FEAR AND THREAT OF 4TH RESPONDENT OBTAINED UNDER RTI ACT.
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 4/11/2020 FILED BY THE PETITIONER TO DISTRICT MAGISTRATE/DISTRICT COLLECTOR.
//True Copy// P.A to Judge
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