Kerala High Court

Rajamma vs State Of Kerala on 3 January, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH

WEDNESDAY, THE 389 pay OF JANUARY 2024 / 13TH POUSHA, 1945

PETITI

WP(C) NO. 23724 OF 2026

RAJAMMA

AGED &4 YEARS

W/O.LATE KUMARAN ACHARI, PUTHIYAPARAMBATHU HOUSE,
RESIDING AT DOOR NO.32, OMANA TOWER,
PALARIVATTOM, KOCHI-682 625.

BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA

RESPONDENTS :

1

STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695 601.

DISTRICT COLLECTOR, ERNAKULAM,
COLLECTORATE, KAKKANADU,
ERNAKULAM-682 9636.

MAINTENANCE TRIBUNAL,

(SUB DIVISIONAL MAGISTRATE),
FORT KOCHI, FORT KOCHI P.O. ;
ERNAKULAM-682 6061.

SOMAN,

S/0.LATE KUMARAN ACHARI,
PUTHIYAPARAMBATH HOUSE, ANCHUMURI,
ATSHA ROAD, PONNURUNNI, KOGHIE-682 019.

SUDHEERKUMAR,
S/O.LATE KUMARAN ACHARI,
PUTHIYAPARAMBATH HOUSE, ANCHUMURI,
AISHA ROAD, PONNURUNNT,

KOCHI-682 619.

SUNILKUMAR,

S/O.LATE KUMARAN ACHARI,
PUTHIYAPARAMBATH HOUSE, ANCHUMURI,
AISHA ROAD, PONNURUNNI, KOCHI-682 0619.


WP(C) NO.23724 OF 2626

7 SUSHAMA.K.K.,
ONIOTH HOUSE, EROOR, THRIPPUNITHURA,

KOCHT-682 306.

8 SUNITHA.R.
KANIYADI HOUSE, NAYARAMBALAM, VYPIN,
KOCHI-G82 569.

9 SULABHA MURALI,
DOOR NO.32, OMANA TOWER, PALARIVATTOM,

KOCHI-682 625.

18 SUGANDHAKUMARI,
VINAPLACKAL HOUSE, PERINGARA, KUNNATHUNADU,
KOCHI-683 561.

BY ADVS.
SRI.N.C.JOSEPH

SRI.JINISHLAL S.B6.
SRI.K.M.FAIZAL-GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 63.61.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:


WP(C) NO.23724 OF 2626

JUDGMENT

Dated this the 3 day of January, 2024

The writ petition has been filed by the petitioner seeking the following reliefs:-

"() Issue a writ of certiorari or any other writ, order or direction, setting aside Ext.P3 order.

(it) Issue a writ of certiorari or any other writ, order or direction declaring Ext.P1 document null and void.

(iii) | Direct that the petition, settled through conciliation on which Ext.P3 order was passed, is to reconsidered afresh by the 3° respondent or in the alternative direct the 3° respondent to consider Ext.P4 petition, as expeditiously as possible."

2. Pending the writ petition, the dispute was referred for settlement through mediation. The Mediator, Ernakulam Mediation Centre has submitted a report dated 22.12.2023 Stating that the matter is settled. A memorandum of

settlement is also forwarded.

WP(C) NO.23724 OF 20206

In view of the settlement, the writ petition is disposed of recording the memorandum of settlement dated 13.12.2023. The memorandum of settlement will form part of this judgment.

Sdi-

N.NAGARESH

JUDGE hmh

WP(C) NO.23724 OF 2626

PETITIONER

EXHIBIT P1

EXHIBIT P2

EXHIBIT P3

EXHIBIT P4

RESPONDENT

EXHIBIT R4

EXHIBITS

TRUE COPY OF THE DOCUMENT NO. 2845/2615 OF MARADU SUB REGISTRAR OFFICE.

TRUE COPY OF THE PETITION DATED 28.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

TRUE COPY OF THE ORDER DATED 25.61.2026 PASSED BY R3.

TRUE COPY OF THE PETITION DATED 24.66.2026 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBITS

A PHOTOSTAT COPY OF PARTICULARS OF MONEY TRANSFER MADE BY THE RESPONDENTS THROUGH BANK TO THE PETITIONER'S ACCCOUNT IN PURSUANCE OF EXT.P3 ORDER

B PHOTOSTAT COPY OF DETAILS OF MAINTENANCE ACCOUNT REMITTED BY THE 6TH RESPONDENT TO THE PETITIONER'S ACCOUT IN CATHOLIC SYRIAN BANK

C PHOTOSTAT COPY OF DETAILS OF MAINTENANCE AMOUNT REMITTED BY 4TH RESPONDENT TO THE PETITIONER'S ACCOUNT

D PHOTOSTAT COPY OF MEDICAL CERTIFICATES AND DISCHARGE SUMMARY ISSUED BY DEPARTMENT OF GENERAL MEDICINE ON 22.08.2017

E PHOTOSTAT COPY OF PHOTOGRAPH TAKEN DURING THE 8@TH BIRTHDAY CEREMONY OF THE PETITIONER

F PHOTOSTAT COPY OF PHOTOGRAPH TAKEN DURING THE 80TH BIRTHDAY CEREMONY OF THE PETITIONER

BEFORE THE HONOURABLE HIGH COURT OF KERALA AT ERNAKULAM WORRIED. No, 2a 7 ee of £026

Reigns : Ratitianer State of Keraia & 9 Others : Respondents

MEMORANDUM OF SETTLEMENT FILED UNDER SECTION 88 OF THE CODE OF CIVEH. PROCEDURE READ WITH RULES 24 & 25 OF THE CAEL PROCEDURE (ALTERNATIVE DISPUTE RESOLUTION), RULES, 208:

i, Respondent Nos. 1 fo 3 are net necessary parties to this agreernent and fet jained in this agreement.

2, Respondent Nos, 4.5 & & Soman, Sudheerkurnar & Sunikumar agreed to execute and register a settlement deed in favour of Respondent Nos. 7 to 10 Sushama KK, Sunitha R. Sulabhs Murall & Sugandhakuman Retaining three shares with Respondent Nes. 4, 5 & 6 and setting four shares in favour of ee Nes. 7 to 1G so as to enable all af the Respandant Nos. 4 to 16 get aqual shares in the pragerty having an extent of 1.60 Ares comorised | Sy Noe28/1-4 of Poonithura Vilage and reserving [fe interest to the Petitioner Reigmma (mother)

Raja mg

Ry udheerkumar

tt

&. Sunilkurriar

"Be

3. The expenses tawerds documentation charges, stamg duty and ragistration charges for the said deed shall be barne by Resoandent

4. Respondent Nos. 4 to § shall cooperate and oravide nacessary assistance and decuments for the preparation of the above mentioned sattiement deed and shall srociuce the original of dacumant No. 2845/2015 of SRO, Maradu to enable registration of the said settiariant deed.

5. The setiement ceed shall be executed snd aoe one on or before duplicate copies and the Original deed shall be kept by

iad fed ae Jeet Po oS foe ay a Le aS cS iD i.

Respondent Na. 1s Sushama KK. and other sharers shall be Issued with ane

duplicate copy each,

& Respondent Nos. 4 to 10 agreed to dapasit Rs. 500/- each ger manth an ar befars the 1D" day of every English Calender month to the Bank Account Noa O2SR00GR 788819000 of the npetianer, Ralarime (mother) with Mis Cathalic Syrian Bank, Pennurunnl Branch, towards her maintenanc

7. Petitionar Reiarsme (mother) js at liberty to reside with any of the Respondent Nos. 4 fo 10 at her choice fromm me to time and al the children af the pesionst shall have the sight to visit and ivtersct with her and none of

the Respondent Nos. 4 te 1) or anybody acting under them shall not cause

any disturbance or nuisance fo the geaceful fe of the petitioner and shad ioak after and take care of the entire needs of fhe petitioner

Petitioner . Respondent Nas. 4 - 19

Ralammia ;

8. The medical expense, hospital expense, bystander expense etc of the petitioner shall be shared equally by Respondent Nos, to 1d.

@, Respondent Nos. 4 to 1D may dispose off, mortgaged or let out the above mentioned proserty with the consent of all of them snd that of the petitioner:

ang the income derived from the iaase arrangemant if any shall be depasited im the abeve mentioned Account and shall be utilised fer the care and mrofection of the petitioner

iO. Fhe Balance armount Hany, avaiable in the above mentioned Bank Account after the death of the petitioner shall be equally distributed among Respondent Nos. 4to 10.

ii. On falure HW snmy, om arr of the parties to camply with the terns and conditians of this agreement, the other parties shall be at liberty to enforce the terms By way of Alng Cantempt of Court Case ar by resorting to other iggal revniecies as provided under law.

ig. The above Writ Petition may be disposed off without any order as to cost recording and in accordance with the terms of this settlement by setting aside Ext PS order dated 25/01/2020 passad by Respondent Noe.d, Maintenance Tnbunal (Sub Divisional Magistrate) Fort Kochi.