P.P.Saajitha vs Jameela P.P
2021 Latest Caselaw 20466 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                             WP(C) NO. 14826 OF 2021
PETITIONER:

              P.P.SAAJITHA,
              AGED 37 YEARS
              D/O.JAMEELA, RESIDING AT PUTHIYAPURAYIL HOUSE, NEAR
              RAHMANIA MASJID, ATHAYAKUNNU, P.O. KOTTALI, KANNUR-670 005.

              BY ADV C.K.SREEJITH



RESPONDENTS:

     1        JAMEELA P.P.,
              AGED 70 YEARS
              W/O.LATE MOIDEEN, RESIDING AT PUTHIYAPURAYIL HOUSE, NEAR
              RAHMANIA MASJID, ATHAYAKUNNU, P.O.KOTTALI, KANNUR-670 005.

     2        MAINTENANCE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS
              AND SENIOR CITIZEN ACT/
              REVENUE DIVISIONAL OFFICER, TALIPARAMBA, KANNUR-670 141.

     3        THE DISTRICT MAGISTRATE,
              KANNUR DISTRICT, P.O.CIVIL STATION, KANNUR-670 002.

     4        THE DISTRICT COLLECTOR,
              KANNUR-670 001.

              BY SMT.SHEEJA C.S., SR. GOVT. PLEADER
              BY ADV K.RAJESH SUKUMARAN




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                        SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                   W. P. (C) No.14826 of 2021
              = = = = = = = = = = = = = = = = = =
            Dated this the 1st day of October, 2021

                            J U D G M E N T

The relief claimed in the writ petition reads

thus:-

"Issue writ of mandamus or such other writ or direction directing the 2nd, 3rd & 4th respondents to drop all the further proceedings in MCC No.13/2020 in the light of the withdrawal of the petition by the 1st respondent."

2. The petitioner is the daughter of the first

respondent. MCC 13/2020 was initiated by the first

respondent against the petitioner before the Maintenance

Tribunal, Taliparamba. An ex parte order was passed

directing the petitioner to vacate the house wherein the

first respondent is residing. Subsequently the

petitioner filed an application to set aside the ex

parte order. Pending the same, the first respondent did

not pursue the proceedings before the Maintenance W. P. (C) No.14826 of 2021

Tribunal and the complaint was withdrawn as per Ext.P3

order dated 08.06.2021.

3. In the meantime, the first respondent approached

the District Magistrate in terms of Rule 19 of the

Kerala Maintenance and Welfare of Parents and Senior

Citizens Rules, voicing her grievance and seeking for

eviction of the petitioner from the house. A copy of the

said application is produced as Ext.R1(e). The

withdrawal of the proceeding before the Maintenance

Tribunal and the filing of a complaint before the

District Magistrate, is obviously considering the powers

of the Maintenance Tribunal in terms of the Act and also

that of the District Magistrate in terms of Rule 19 of

the Rules.

4. On Ext.R1(e) complaint, the District Magistrate

passed an order dated 21.06.2021 directing the

petitioner to vacate the house wherein the first

respondent is residing. A copy of the said order is

produced as Ext.P4. The said order is passed after W. P. (C) No.14826 of 2021

hearing the petitioner and the first respondent. The

present order (Ext.P4) directing the petitioner to

vacate the residence is not one passed in MCC 13/2020.

The writ petition is misconceived and is only to be

dismissed.

Writ petition fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 14826/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.26761/2020 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAM DT.3.12.2020.

Exhibit P2 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.3794/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA DT.16.2.2021.

Exhibit P3 THE TRUE COPY OF THE ORDER PASSED BY THE MAINTENANCE TRIBUNAL DT.8.6.2021.

Exhibit P4 THE TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR DT.21.6.2021.

RESPONDENT EXHIBITS

Exhibit R1(a) COPY OF THE COMPLAINT DATED 07/09/2017 GIVEN BY THE 1ST RESPONDENT TO THE VANITHA CELL, KANNUR.

Exhibit R1(b) COPY OF THE O.P. TICKET DATED 19/12/2017 OF THE DISTRICT HOSPITAL, KANNUR.

Exhibit R1(c) COPY OF THE ORDER DATED 01/02/2018 IN M.C.C.202/2017 OF THE MAINTENANCE TRIBUNAL, THALASERRY.

Exhibit R1(d) COPY OF THE ORDER IN M.C.C.202/2017 DATED 06/02/2020 OF THE MAINTENANCE TRIBUNAL, THALASERRY.

Exhibit R1(e) COPY OF THE COMPLAINT DATED 27/10/2020 GIVEN BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

-----