Dr.Jemma Mathew vs The District Collector
2021 Latest Caselaw 1502 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                       WP(C).No.14797 OF 2020(Y)


PETITIONER/S:

            DR.JEMMA MATHEW
            AGED 75 YEARS
            D/O.JOSEPH MATHEW, ALAKAPARAMBIL, KAITHAPATHAL,
            VAGAMON, IDUKKI, PIN - 685 503.

            BY ADV. SRI.K.R.SUNIL

RESPONDENT/S:

      1     THE DISTRICT COLLECTOR
            (THE DISTRICT MAGISTRATE), IDUKKI DISTRICT,
            IDUKKI - 685 602.

      2     THE SUPERINTENDENT OF POLICE
            IDUKKI DISTRICT, IDUKKI - 685 602.

      3     THE CIRCLE INSPECTOR OF POLICE
            VAGAMON POLICE STATION, VAGAMON - 685503.

      4     AJAYAN
            S/O.LATE KUNJAMMA, MALANIRAPPEL HOUSE,
            KAITHAPPATHAL, VAGAMON- 685 503.

      5     AJITHA @ MOLAMMA
            HUSBAND'S NAME AND AGE NOT KNOWN, MALANIRAPPEL
            HOUSE, KAITHAPPATHAL, VAGAMON - 685 503.

            R4   BY   ADV. SRI.C.J.VARGHESE VINU
            R5   BY   ADV. SRI.T.I.ABDUL SALAM
            R5   BY   ADV. SRI.PHILIP T.VARGHESE
            R5   BY   ADV. SMT.K.R.MONISHA
            R1   TO   R3 SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.14797 OF 2020(Y) 2


                          JUDGMENT

The grievance of the petitioner, who is a senior

citizen and Spinster is that, respondents 4 and 5 are

interfering in her life and the right of enjoyment of

property. Lamenting that in spite of Ext.P3 request the

second respondent has not taken any action, W.P.(C) is

filed. The prayer sought is for a direction to the second

respondent to take appropriate action.

2. When the matter was taken up, the learned

counsel for the petitioner submitted that pursuant to the

interim order passed by this court dated 23.07.2020,

police has registered Crime No.455/2020 dated

01/08/2020 of Vagamon Police Station. It seems that to

that extent, the grievance of the petitioner stands

redressed.

3. It was submitted by the petitioner that she has

filed a representation dated 15.07.2020 addressed to the

District Magistrate seeking reliefs under the Maintenance

and Welfare of Parents and Senior Citizens Act. No

further action has been taken by the District Magistrate,

it was contended.

4. It seems that the copy of the above application

stated to be sent by email is not produced. Having

considered these facts, I am inclined to direct that the

petitioner herein shall move the District Magistrate

seeking appropriate reliefs in terms of her earlier email

dated 15.07.2020 and if any such application is filed, the

first respondent shall take up and consider it in

accordance with the provisions of Maintenance and

Welfare of Parents and Senior Citizens Act and pass

appropriate orders as expeditiously as possible, at any

rate, even before the expiry of statutory time for

disposal. A copy of the Writ Petition (C) shall made

available to the District Magistrate.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE SALE DEED NO.2205-1/15 REGISTERED WITH PEERUMEDU SRO DATED 10/09/2015.

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX REMITTED ON 18/06/2020 TO PROPERTY SCHEDULED IN EXHIBIT P1.

EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 04/07/2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.

EXHIBIT P4 THE TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT.

   RESPONDENT'S/S EXHIBITS           NIL