Moideen Haji Tacharoth vs The District Collector, ...
2021 Latest Caselaw 13927 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 12640 OF 2021
PETITIONERS:

    1       MOIDEEN HAJI TACHAROTH
            AGED 68 YEARS
            S/O.ABDULLA HAJI, PARAYILATTU MEETHAL HOUSE, MUYIPPOTH
            P.O., MEPAYYUR, KOYILANDY THALUK, KOZHIKODE DISTRICT-
            PIN. 673 525

    2       KUNHAMI
            AGED 57 YEARS
            W/O.MOIDEEN HAJI TACHAROTH, S/O.ABDULLA HAJI,
            PARAYILATTU MEETHAL HOUSE, MUYIPPOTH P.O., MEPAYYUR,
            KOYILANDY THALUK, KOZHIKODE DISTRICT-PIN. 673 525

            BY ADVS.
            SHRI.ZUBAIR PULIKKOOL, CGC
            K.NOORUDHEEN


RESPONDENTS:

    1       THE DISTRICT COLLECTOR, KOZHIKODE
            CIVIL STATION, ERANJIPALAM P.O., KOZHIKODE PIN 673 020

    2       SUPERINTENDENT OF POLICE
            KOZHIKODE, PUTHUPPANAM P.O., VATAKARA, PIN 673 105

    3       THE STATION HOUSE OFFICER
            MEPPAYYOOR POLICE STATION, MEPPAYOOR PO, KOYILANDY
            THALUK, KOZHIKODE DISTRICT. PIN 673 655

    4       MUHAMMED JASIM
            S/O.MOIDEEN HAJI, AGED 31 YEARS, PARAYILATTU MEETHAL
            HOUSE, MUYIPPOTH P.O., MEPAYYUR, KOYILANDY THALUK,
            KOZHIKODE DISTRICT. PIN 673 525

    5       RASEENA JASIM
            W/O.MUHAMMED JASIM, AGED 31 YEARS, PARAYILATTU MEETHAL
            HOUSE, MUYIPPOTHE P.O., MEPAPYYUR, KOYILANDY THALUK,
            KOZHIKODE DISTRICT PIN 673 525
 WP(C) NO. 12640 OF 2021
                               2

    6     ADDL R6 MAINTANCE TRIBUNL,SUB COLLECTOR
          (SOUGHT TO BE IMPLEAD)

    7     ADDL.R6: MAINTANANCE TRIBUNAL/SUB COLLECTOR KOZHIKODE
          CIVIL STATION,
          ERANJIPALAM P.O., KOZHIKODE PIN - 673020. ADDL. R6 IS
          IMPLEADED AS PER ORDER DATED 02.07.2021 IN IA 1/2021
          IN WPC NO. 12640/2021.

          BY ADV. SR GP BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12640 OF 2021
                                   3




                             JUDGMENT

Dated this the 06th day of July 2021

The petitioners have moved the first respondent

seeking reliefs under the Kerala Maintenance and

Welfare of Parents and Senior Citizens Rules, 2009 by

filing Ext.P1. The application is dated 17.03.2021. The

grievance of the petitioners is that the above application

has not been disposed of, even now.

2. When the matter came up for admission, it

was noted that the application was submitted before the

District Collector and not before the Maintenance

Tribunal / Sub Collector, Kozhikode, who was the

statutory authority. The above authority was impleaded

later, as additional respondent 6.

3. Having considered the limited grievance set

up by the petitioners, I am inclined to dispose of the

writ petition by directing the first respondent to

transmit Ext.P1 to the additional respondent, as

expeditiously as possible, at any rate, within a period of WP(C) NO. 12640 OF 2021

fifteen days from the date of receipt of a copy of this

judgment. The 6th respondent shall thereafter, take up

the matter and dispose it of, as expeditiously as

possible, with notice to both sides, within a period of

two months from date of completion of service on the

respondents.

The writ petition is disposed of, accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/6-7 WP(C) NO. 12640 OF 2021

APPENDIX OF WP(C) 12640/2021 PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONERS BEFORE 1ST RESPONDENT DT. 17.3.2021

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE