Kerala High Court
Ayisha Moosa vs State Of Kerala on 5 February, 2021
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.2414 OF 2021(B)
PETITIONER/S:
AYISHA MOOSA, AGED 75 YEARS
W/O LATE MOOSA, ARAFA MAHAL, KULANGARA VAYALIL,
IRINGAL P.O., IRINGAL MOORADU, NEAR ASWATHI HOTEL,
WARD NO 111, HOUSE NO 5, IRINGAL VILLAGE,
KOYILANDI TALUK, KOZHIKODE DISTRICT, PIN-673 521.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SHRI.SUSANTH SHAJI
RESPONDENT/S:
1 STATE OF KERALA,
REP BY CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM-695 001.
2 THE DISTRICT MAGISTRATE,
(DISTRICT COLLECTOR) KOZHIKODE DISTRICT,
CIVIL STATION STATION, ERANJIPALAM,
KOZHIKODE, PIN-673 020.
3 SMT. SAHIRA, AGED 55 YEARS
D/O AISHA MOOSA AND W/O K.V.MUSTHAFA,
ARAFA MAHAL, KULANGARA VAYALIL, IRINGAL P.O.
NEAR ASWATHI HOTEL, IRINGAL, MOORADU-673 521.
4 SHRI. K.V.MUSTHAFA, ARAFA MAHAL, KULANGARA
VAYALIL, IRINGAL P.O.NEAR ASWATHI HOTEL,
IRINGAL, MOORADU-673 521.
5 SMT ASMA, AGED 25 YEARS
W/O FAROOQUE, PRESENTLY RESIDING AT ARAFA MAHAL,
KULANGARA VAYALIL, IRINGAL P.O.NEAR ASWATHI HOTEL,
IRINGAL, MOORADU-673 521.
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
6 SHRI FAROOQUE, AGED 30 YEARS
PRESENTLY RESIDING AT ARAFA MAHAL, KULANGARA
VAYALIL, IRINGAL P.O.NEAR ASWATHI HOTEL, IRINGAL,
MOORADU-67 521.
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, ALONG WITH WP(C).2477/2021(H), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.2477 OF 2021(H)
PETITIONER/S:
AYISHA MOOSA,
AGED 75 YEARS
W/O. LATE MOOSA, KULANGARA VAYALIL, IRINGAL P.O.,
MOORADU, NEAR ASWATHI HOTEL, IRINGAL,
MOORADU-673 521.
BY ADVS.
SRI.VARGHESE C.KURIAKOSE
SRI.P.J.JOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
TRIVANDRUM-1.
2 THE MAINTENANCE TRIBUNAL
(CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZENS ACT), THE REVENUE
DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE,
O/O RDO, OLD BUS STAND, VADAKARA,
KOZHIKODE DISTRICT-673 101.
3 SMT.SAHIRA
AGED 55 YEARS
D/O. AYISHA MOOSA AND W/O. K.V.MUSTHAFA,
ARAFA MAHAL, KULANGARA VAYALIL, IRINGAL P.O.,
NEAR ASWATHI HOTEL, IRINGAL, MOORADU-673 521.
4 SMT.K.V.MUSTHAFA,
ARAFA MAHAL, KULANGARA VAYALIL, IRINGAL P.O.,
NEAR ASWATHI HOTEL, IRINGAL, MOORADU-673 521.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, ALONG WITH WP(C).2414/2021(B), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
COMMON JUDGMENT
In both the Writ Petitions, the aged mother is the
petitioner. Her grievance in the W.P.(C)No.2414 of 2021
is that, though she has filed Ext.P3 application invoking
the provisions under the Maintenance and Welfare of
Parents and Senior Citizens Act, no action has been
taken on Ext.P3. She seeks a direction for an early
disposal of the above application.
2. In W.P.(C)No.2477 of 2021, the petitioner filed
Ext.P3 application to the same authority. Thereafter the
same application was filed as Ext.P6 in the prescribed
statutory format.
3. The grievance of the petitioner is that though
in Ext.P6, notice has been issued to both sides, Ext.P3 in
W.P.(C)No.2414/2021 filed by her seeking eviction is still
not taken up. Though, the learned senior Government
Pleader has tried to get instructions as to whether in
Ext.P3 in W.P.(C)No.2414 of 2021 has been processed
and notice issued, the details are not forthcoming.
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
Considering the limited request made by the petitioner
in both cases, I am not inclined to give a direction for
the expeditious disposal of the applications.
4. Second respondent in W.P.(C)No.2477 of 2021
shall pursue and try to dispose of Ext.P6 as
expeditiously as possible, in accordance with law, after
giving reasonable opportunity to both sides to contest
the matter, within a period of three months from the
date of receipt of a copy of this judgment.
5. In W.P.(C)No.2414 of 2021, there will be a
direction to the second respondent to process Ext.P3, if
the application is not processed and if it is found to be in
order, in accordance with law, as expeditiously as
possible, at any rate, within the time limit prescribed by
the statute.
Writ Petitions are disposed of accordingly.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
APPENDIX OF WP(C) 2414/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE
DOCUMENT NO 2054/2014 OF SRO,
PAYYOLI DATED 26.5.2014
EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE
DOCUMENT NO 2345/2014 OF SRO,
PAYYOLI DATED 1.8.2014
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE
APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE 2ND
RESPONDENT DATED 15.1.2021
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE
ACKNOWLEDGMENT CARD SIGNED BY THE
2ND RESPONDENT DATED 16.1. 2021
RESPONDENT'S/S EXHIBITS NIL
WP(C).No.2414 OF 2021(B) &
WP(C).No.2477 OF 2021(H)
APPENDIX OF WP(C) 2477/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE DOCUMENT
NO.2054/2014.
EXHIBIT P2 TRUE PHOTOSTAT COY OF THE DOCUMENT
NO.2345/2014.
EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PETITION DATED
22.12.2020 SO ROOTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE NOTICE DATED
28.12.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE APPLICATION
DATED 13.1.2021 BEFORE THE 2ND RESPONDENT.
EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE PETITION DATED
15.1.2021 BEFORE THE 2ND RESPONDENT.
EXHIBIT P7 TRUE PHOTOSTAT COPY OF THE
ACKNOWLEDGMENT CARD SIGNED BY THE 2ND
RESPONDENT ON 16.1.2021.
RESPONDENT'S/S EXHIBITS NIL
