Kerala High Court
Mary Tharu vs State Of Kerala on 13 February, 2025
2025:KER:12194
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 37277 OF 2023
PETITIONER:
MARY THARU,
AGED 80 YEARS,
W/O THARU, MARIYAVILLA ALAPPAT HOUSE, CHEMBUKKAVU
VILLAGE, LOURDPURAM, THRISSUR DISTRICT, NOW RESIDING AT
FLAT NO. D2, PARK LAND APARTMENT, SHRISHTI, AMBAKKAD
JUNCTION, THRISSUR, PIN - 680005.
BY ADVS.
ANAND KALYANAKRISHNAN
C.DHEERAJ RAJAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
SOCIAL JUSTICE DEPARTMENT, DIRECTORATE OF SOCIAL
JUSTICE, 5TH FLOOR, VIKAS BHAVAN, PMG,
THIRUVANANTHAPURAM, PIN - 695033
2 DISTRICT COLLECTOR
THRISSUR DISTRICT, CIVIL STATION, AYYANTHOLE, THRISSUR,
PIN - 680003.
3 REVENUE DIVISIONAL OFFICER
THRISSUR SUB DIVISION MAINTENANCE TRIBUNAL, AYYANTHOLE,
THRISSUR, PIN - 680003
WP(C) NO. 37277 OF 2023
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4 SUNIL T,
AGED 36 YEARS,
S/O THARU, MARIYAVILLA ALAPPAT HOUSE, CHEMBUKKAVU
VILLAGE, LOURDPURAM, THRISSUR DISTRICT,
PIN - 680005.
5 RENI SUNIL,
AGED 31 YEARS,
W/O SUNIL, MARIYAVILLA ALAPPAT HOUSE, CHEMBUKKAVU
VILLAGE, LOURDPURAM, THRISSUR DISTRICT,
PIN - 680005.
BY ADVS.
T.KABIL CHANDRAN
K.S.SREENATH
R.ANJALI
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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JUDGMENT
This writ petition has been filed challenging Ext.P4 order of
the Appellate Tribunal under the Maintenance and Welfare of Parents
and Senior Citizens Act, 2007 (hereinafter referred to as 'the 2007
Act') refusing to interfere with Ext.P1 order of the Maintenance
Tribunal.
2. The brief facts of the case are as follows:-
The petitioner ( presently aged 82) is the absolute owner of
7.13 cents of land in Sy.No.617/4 in Chembukkavu Village in Thrissur
Taluk of Thrissur District along with a residential house (TC 17/970,
Mary Villa, Alappat Pallipurathukaran House, Lourdepuram, P.O.East
Fort, Thrissur - 680 005) situated thereon. According to the
petitioner, she is also joint owner of a residential apartment bearing
No.D2, 2nd Floor, Iskcon Green Court Phase - II, Thrissur having built
up area of 927 sq. ft. registered vide sale deed No.1961/2012 of
Ollukkara SRO, Thrissur district dated 19.05.2012 along with her son,
the 4th respondent herein. The petitioner approached the Tribunal
constituted under the 2007 Act with a grievance that contrary to her
wishes and without her permission, her son (the 4 th respondent) and
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his family including his wife (the 5th respondent) are occupying the
house belonging to the petitioner after ousting the petitioner from the
house. The Maintenance Tribunal by Ext.P1 order refused to grant any
relief to the petitioner on the finding that the disputes between the
petitioner and respondents 4 and 5 are family disputes. The petitioner
challenged the order before the Appellate Tribunal and the Appellate
Tribunal by Ext.P4 order upheld the order of the Maintenance
Tribunal .
3. When this matter is taken up for consideration
today, the learned counsel appearing for respondents 4 and 5 would
refer to the affidavit dated 19.12.2024 and submits that the 4th
respondent is willing to vacate the residential house referred to above
by the end of the current academic year. Paragraphs 2 and 3 of the
affidavit dated 19.12.2024 filed by the 4th respondent reads thus:-
"2. It is respectfully submitted that I do not
have any permanent or suitable residence other than the
subject residential house to accommodate my family,
which consists of two minor children. My elder child, Eva,
aged 7 years, is currently studying in the 2nd standard at
Nirmala Matha Central School, which is located
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approximately 100 meters from the subject residential
house. My younger child, Chris, aged 2 years, also resides
with me. Given these circumstances, I respectfully request
a period of at least six months to secure suitable
alternative accommodation without disrupting my elder
child's education, particularly as she is at a critical stage in
her academic and personal development.
3. It is further submitted that the residential
apartment mentioned by the petitioner in her affidavit
dated 21.08.2024 is not habitable, as it lacks basic
amenities such as a water connection. In light of the
foregoing, I request that I be permitted to continue
residing in the subject residential house along with my
family, for a period of six months. Alternatively, the
petitioner may take accommodation in the subject
residential house, subject to any further orders or
directions that may be issued by this Honourable Court. I
would also like to clarify that I have never objected to the
petitioner having accommodation in the subject
residential house."
4. The petitioner has also executed an affidavit dated
21.08.2024, which has been placed on record along with a memo
dated 29.11.2024 stating that the petitioner will relinquish all rights
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over the residential apartment (referred to in paragraph 5 of the
affidavit) in favour of the 4 th respondent subject to the condition that
the petitioner is given free possession of the residential house referred
to above. It is submitted by the learned counsel appearing for the
petitioner and the learned counsel appearing for respondents 4 and 5
that the writ petition can be disposed of in terms of the undertaking
before this Court by the petitioner and the 4th respondent as noticed
above.
5. Having heard the learned counsel appearing for the
petitioner, the learned Government Pleader appearing for the official
respondents and the learned counsel appearing for respondents 4 and
5, this writ petition will stand disposed of in the following manner:-
1) Respondents 4 and 5 shall vacate and hand over
vacant possession of the residential house bearing
No. TC 17/970, Mary Villa, Alappat
Pallipurathukaran House, Lourdepuram, P.O.East
Fort, Thrissur - 680 005 in in Sy.No.617/4 in
Chembukkavu Village in Thrissur Taluk of
Thrissur District to the petitioner on or before
31.03.2025. Respondents 4 and 5 shall not
interfere in any manner with the peaceful use and
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possession of the residential house by the
petitioner.
2) The petitioner shall, within two weeks from
31.03.2025 execute necessary documents
relinquishing her right over the residential
apartment bearing No.D2, 2nd Floor, Iskcon Green
Court Phase - II, Thrissur having built up area of
927 sq. ft. registered vide sale deed No.1961/2012
of Ollukkara SRO, Thrissur district dated
19.05.2012 in favour of the 4th respondent. The
petitioner shall not interfere with the peaceful
possession and enjoyment of the residential
apartment by the 4th respondent.
3) Any other disputes between the parties shall be
determined in accordance with the law by the
competent authorities.
The writ petition is ordered accordingly on the basis of
consent.
Sd/-
GOPINATH P.
JUDGE
DK
WP(C) NO. 37277 OF 2023
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APPENDIX OF WP(C) 37277/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED
01.12.2022 PASSED BY THE 3RD RESPONDENT
IN RDOTSR/1985/2022
Exhibit P2 THE TRUE COPY OF THE PETITION SUBMITTED
BEFORE THE 2ND RESPONDENT DATED
22.12.2022
Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED
07.03.2023 IN WPC NO. 7554/2023
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
20.06.2023 PASSED BY THE 2ND RESPONDENT
