Kerala High Court
Raji Francis vs District Collector (District ... on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
WP(C) NO. 40555 OF 2022 (T)
PETITIONER:
RAJI FRANCIS., AGED 45 YEARS, W/O FRANCIS, MANAKA HOUSE,
KODUVAZHANGAKARA, ALANGAD, PARAVOOR, PIN-683 511.
RESPONDENTS:
1. DISTRICT COLLECTOR (DISTRICT MAGISTRATE), COLLECTORATE, KAKKANAD,
ERNAKULAM, PIN-682 030.
2. THE MAINTENANCE TRIBUNAL AND SUB COLLECTOR, FORT KOCHI, PIN-682 001,
REPRESENTED BY ITS PRESIDING OFFICER.
3. STATION HOUSE OFFICER, ALUVA WEST POLICE STATION, ALUVA, ERNAKULAM
DISTRICT, 683 511.
4. STATION HOUSE OFFICER, BINANIPURAM POLICE STATION, ERNAKULAM
DISTRICT 683 502.
5. SMT. MARY JOSEPH, AGED 80 YEARS, W/O. LATE M.C JOSEPH, MANAKKAL
HOUSE, KODUVAZANGAKARAYIL, ALANGAD, PARAVOOR, PIN-683 511.
6. SHRI. FRANCIS M.J, MAMAKKAL HOUSE, KODUVAZANGAKARAYIL, ALANGAD,
PARAVOOR, PIN-683 511.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to order that Exibit P2 & P1 shall remain stayed until the
disposal of the pending appeal in Crl.A 269/2022 before the District
Court, Ernakulam.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C)this courts order dated 14/12/2022
and upon hearing the arguments of SMT.SMRUTHI SASIDHARAN Advocate for the
petitioner, GOVERNMENT PLEADER for R1 to R4 (By Order), SMT.SHAMLATH P.I,
Advocate for R5, and of SMT.LEELA.R Advocate for R6 (By Order), the court
passed the following:
AMIT RAWAL, J.
=================
W.P.(C) No.40555 of 2022
=====================
Dated this the 211st day of December, 2022
ORDER
The present writ petition is filed on behalf of wife of the 6 th
respondent and daughter in law of the 5 th respondent, who along with
the children has been evicted from the common house owned by the 6 th
respondent (husband) in a petition filed by the 5th respondent (Senior
Citizen).
2. Counsel for the petitioner submitted that the Maintenance
Tribunal did not have the jurisdiction to entertain and try the petition
as it was a case of eviction, in view of the Judgment of the Full Bench
in S. Vanitha vs The Deputy Commissioner (Civil Appeal No.
3822 of 2020). 6th respondent (husband) played a fraud upon the
Court by obtaining an exparte divorce decree, on the ground of
adultery.
3. Counsel representing the 6th respondent submitted that the
story put forward by the petitioner is wholly incorrect and
unbelievable. The order of the District Magistrate dated 2.12.2022
under the provisions of Domestic Violence Act ordering husband to
take a rented premises, which is half kilometer away from the existing
house had been complied with but the petitioner is not willing to move
in. He is willing to undertake her day to day expenses as well as
education of the children, who are 16 and 14 years of age.
4. The aforementioned contention has been refuted by the
counsel for the petitioner on the ground that the area is under flood
and swamp and is not fit for human habitation. It is on that account,
the order of the Judicial Magistrate ordering the 6th respondent to
take the premises was challenged in an appeal pending adjudication
before the Sessions Judge.
5. In order to ascertain the conditions of the house taken on
rent and referred to in the rent agreement, I appoint Smt. Nazrin
Banu (K/1317-2020), Advocate who is present in court as an Court
Commissioner to visit the premises and report this Court regarding
the condition as to whether the house is habitable and safe for living
along with the children. She is also permitted to take the
photographs of the same and submit the report before the Court.
The expenses for inspection, which are quantified to the tune of
Rs.10,000/- shall be borne by the 6th respondent. Copy of the writ
petition, other relevant documents and the reply submitted by the
respondents for facilitation be also supplied to the Advocate
Commissioner forthwith.
Post on 12.1.2023 for further consideration. Interim order is
extended till then.
Sd/-
sab AMIT RAWAL, JUDGE
sa/131219sassssabs10.
21-12-2022 /True Copy/ Assistant Registrar
