Gheevarghese @Kunjukutty vs State Of Kerala
2024 Latest Caselaw 9701 Ker

Kerala High Court

Gheevarghese @Kunjukutty vs State Of Kerala on 4 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                  WP(C) NO. 1852 OF 2024
PETITIONER:

         GHEEVARGHESE @KUNJUKUTTY
         AGED 84 YEARS, S/O. THOMAS
         PULIVELILPUTHANVEEDU, KOMALLUR P.O,
         CHARAMUDU, CHUNNAKKARA VILLAGE,
         MAVELIKKARA TALUK, ALAPPUZHA - 690503.

         BY ADVS.
         TERESA C. JOSEPH
         AKHILASREE BHASKARAN
         ANTONY NIKHIL REMELO


RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         DEPARTMENT OF SOCIAL JUSTICE AND
         ENPOWERMENT, STATE SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001.

    2    THE DIRECTOR
         DIRECTORATE OF SOCIAL JUSTICE,
         VIKAS BHAVAN, 5TH FLOOR,
         THIRUVANANTHAPURAM - 695033.

    3    THE DISTRICT MAGISTRATE
         (DISTRIT COLLECTOR)
         FIRST FLOOR, COLLECTORATE,
         ALAPPUZHA, KERALA - 688001.

    4    ACHANKUNJU
         AGED 52 YEARS, S/O. GEEVARGHESE,
         PULIVELILPUTHANVEEDU,KOMALLUR P.O,
         CHARAMUDU, CHUNNAKKARA VILLAGE,
         MAVELIKKARA TALUK, ALAPPUZHA - 690503.
 W.P.(C)No.1852 of 2024

                          :2:


         BY ADVS.
         SREEJITH V.S, GOVERNMENT PLEADER
         JIBU P THOMAS
         DEVIKA VISWOM

     THIS WRIT PETITION (CIVIL) HAVING COME UP   FOR
ADMISSION ON 04.04.2024, THE COURT ON THE SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C)No.1852 of 2024

                                :3:




                        JUDGMENT

Dated this the 4th day of April, 2024

The petitioner is a senior citizen aged 84 years. The

grievance of the petitioner is that the 4 th respondent, who is

the younger son of the petitioner is harassing him. Though

the petitioner has filed Ext.P5 application for protection

invoking the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007 before the 3rd respondent-District

Magistrate, no orders are passed on the application.

Inordinate delay in taking action on the petitioner's

application causes undue hardship to the petitioner as the

petitioner is aged 84 years.

2. Government Pleader entered appearance and

resisted the writ petition. The Government Pleader

submitted that on receipt of the application, the matter was

forwarded to Revenue Divisional Officer, Chengannur for

necessary enquiry. The matter was referred to Station

House Officer also. A hearing was fixed on 23.03.2024. The

3rd respondent has taken prompt action and there is no

delay on the part of the 3rd respondent.

3. I have heard the learned Counsel for the

petitioner, the learned Government Pleader representing

respondents 1 to 3 and Sri.Jibu P Thomas, the learned

Counsel appearing for the 4th respondent.

4. Ext.P5 application filed by the petitioner is an

application under the Maintenance and Welfare of Parents

and Senior Citizens Rules, 2009. Ext.P5 being a statutory

complaint, the competent authority is duty bound to take a

decision thereon within a reasonable time. It is evident that

the 3rd respondent has acted on the complaint and has

obtained report from competent authorities. In view of the

above, it would be only appropriate to direct the competent

authority to consider and finally dispose of Ext.P5

application in accordance with law, if the same is still

pending.

The writ petition is therefore disposed of directing the

3rd respondent-District Magistrate or the competent authority

to finally dispose of Ext.P5 application submitted by the

petitioner, as early as possible and at any rate within a

period of three months, in compliance of the principles of

natural justice.

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 1852/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SALE DEED NO.

1318/2018 DATED 13/09/2018 OF THE SRO , CHERIYANAD Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 13/04/2021 BEFORE THE THIRD RESPONDENT Exhibit P3 TRUE COPY OF THE WOUND CERTIFICATE DATED 16/11/2021 OF THE PETITIONER Exhibit P4 TRUE COPY OF THE FIR NO.784/2021 DATED 23/11/2021 OF THE KURATHIKADU POLICE STATION Exhibit P5 TRUE COPY OF THE LETTER DATED 14/12/2023 TO THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 19/09/2023 IN O S NO: 26/2021 OF SUBORDINATE COURT, MAVELIKARA RESPONDENT EXHIBITS Exhibit-R4(a) TRUE COPY OF THE PLAINT IN O.S 26/2021 OF THE HON'BLE SUB COURT MAVELIKKARA Exhibit-R4(b) TRUE COPY OF THE INTERIM ORDER DATED 07.05.2021 IN W.P.(C) NO.11066/2021 Exhibit-R4(c) TRUE COPY OF THE FINAL REPORT IN C.C.NO.216/2021 ON THE FILE OF THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, MAVELIKKARA

Exhibit-R4(d) TRUE COPY OF THE OF THE PLAINT IN O.S.NO.329/2018 BEFORE THE HON'BLE MUNSIFF'S COURT MAVELIKKARA Exhibit-R4(e) TRUE COPY OF THE JUDGMENT IN W.P.C.NO.11066/2021 DATED 08-12-2021