Dismissed

Thomson @ Tomy v. the State of Kerala

Kerala HC10 Jul 2018WP(C)/4726/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a Maintenance Tribunal order requiring the petitioner to vacate his mother's house. Addressing the matter after mediation efforts, the petition was settled between parties, and the challenge was withdrawn via a mediation agreement.

What did the court decide?

The impugned Ext.P4 order was set aside, and the parties were bound by the mediation agreement dated 28.6.2018.

Thomson @ Tomy Vs the State of Kerala — Maintenance and Alimony | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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TUESDAY, THE 10TH DAY OF JULY 2018 / 19TH ASHADHA, 1940

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WP(C).No. 4726 of 2018

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PETITIONER:

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THOMSON @ TOMY, S/O.LATE JOSE, CHAKRAMAKKAL HOUSE, NENMENI.P.O., GURUVAYOOR, THRISSUR DISTRICT.

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BY ADV.SRI.MAHESH V.MENON

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE MAINTENANCE TRIBUNAL, OFFICE OF THE MAINTENANCE TRIBUNAL, SUB COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR - 680 003. 3. KOCHUMARY, W/O.LATE JOSE, CHAKRAMAKKAL HOUSE, NENMINI.PO., GURUVAYOOR, THRISSUR DISTRICT - 680 104. 4. JOYSON C.J., S/O.LATE JOSE, CHAKRAMAKKAL HOUSE, NENMINI.P.O., GURUVAYOOR, THRISSUR DISTRICT - 680 104. R1 & R2 BY GOVERNMENT PLEADER SMT.A.C. VIDHYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 4726 of 2018 (M)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P1: TRUE COPY OF COUNTER FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT TRIBUNAL DATED 10-11-2017. EXT.P2: A TRUE COPY REPORT SUBMITTED BY THE CONCILIATION OFFICE BEFORE THE 2ND RESPONDENT DATED 19-06-2017. EXT.P3: A TRUE COPY OF STATEMENT GIVEN BY THE PETITIONER BEFORE THE CONCILIATION OFFICER DATED NIL. EXT.P4: A TRUE COPY OF ORDER OF THE 2ND RESPONDENT IN COMPLAINT NO.C2-3400/2017 DATED 12-12-2017. EXT.P5: A TRUE COPY OF WILL NO.51/III/2010 OF THE CHAVAKKAD SUB REGISTRY DATED 13-08-2010. EXT.P6: A TRUE COPY OF RECEIPT ISSUED BY THE 4TH RESPONDENT DATED 02-02-2010.

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RESPONDENTS' EXHIBITS: NIL ---------------------

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/TRUE COPY/ P.S.TO JUDGE

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mbr/ 24.07.2018.

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ALEXANDER THOMAS, J.

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W.P.(C)No.4726 of 2018

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Dated this the 10^th day of July, 2018

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JUDGMENT

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The petitioner, who is the son of the 3^rd respondent, is essentially aggrieved by impugned Ext.P4 order dated 12.12.2017 rendered by the Tribunal constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby the petitioner has been directed to vacate the house within one month and to pay monthly maintenance of Rs.3,000/- to the 3^rd respondent.

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The prayers in this writ petition (civil) are as follows:-

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“i) To quash Ext P4 order by issuing a writ of Issue a writ of certiorari or such other writ or order or direction in the interest of justice.

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ii) To grant the petitioner such other incidental reliefs including the cost of this petition.”

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Heard Sri.Mahesh V.Menon, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Government Pleader appearing for official respondent Nos.1 and 2. Notices have been duly served on contesting respondents 3 and 4.

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This Court while admitting this writ petition on 12.2.2018 had also passed an interim order directing that the impugned Ext.P4 order to the extent it directs the petitioner to vacate the building is

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W.P.(C)No.4726 of 2018

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..2..

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stayed and that the petitioner is permitted to reside with his mother in that house. Later it was ordered by this Court on 29.5.2018 that the petitioner and respondent Nos.3 and 4 shall appear before the Mediation Centre attached to the District Court, Thrissur on 20.6.2018 in order to seek mediatory efforts. Now the District Mediation Centre, Thrissur has furnished a report dated 29.6.2018 to the Registry of this Court wherein it is disclosed that the matter has been settled between the petitioner and respondent Nos.3 and 4. A copy of the memorandum of settlement agreement dated 28.6.2018 arrived at between the parties through the District Mediation Centre, Thrissur has already been made available for perusal of this Court. The said mediation agreement dated 28.6.2018 reads as follows:-

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“മ�ൽ നമറ�ല� ഇരപ�ർട�കള� തമ�ൽ തശർ ജ�ല ��ഡ�മ�ഷൻ ല�നറ�ൽ ല!ച# മ�ൽ ന�മർ ഹർജ�ക�ര&ല' ��ബന�ച# ഉണ��ത�� ഒത ത�ർപ# കര�ർ.

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മ�ൽ നമർ ഹർജ�ക�സദ�� ഗത�കൾ ത�ല4 മ5ർകന !&!സകൾ അന�ര�ച# ഒത ത�ർപ�ക � �ര�കന.

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!&!സകൾ:

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മ�ൽ നമറ�ല� 3-ആ� എതകക � �� ലക�ചമ�ര�ക# പത � �� 1500/- രപ (ആ��ര'� അഞറ# ) !�ത� 5 � !�ന�� (maintenance) എന ന � ��ൽ 2018 ജൺ �� മതൽ നൽക� ലക�ള�ല�ന# പര�ത�ക�രൻ �മത�ച�ര�കന.

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W.P.(C)No.4726 of 2018

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..3..

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മ�ൽ നമർ മക��ന�സദ��ത� ത�ല4 മക�ടത � �ൽ The Maintenance Tribunal- !�ധ � �ൽ പസ�!�ച�ടളത�� ഹർജ�പട�ക !�ട�ൽ 3-ആ� എതകക � �� ലക�ചമ�ര�ക# ത��ച !രനത�ന# ��ലത�ര തടസമ�� റ� ല5യനതല എന# ഹർജ�ക�രൻ �മതച�ര�കന.

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മ�ൽ നമറ�ല� ഹർജ�ക�രൻ ��'�ൽ 10-ആ� ത��ത�കള�ൽ ഏലതങ�ല� ഒര ദ�!�� ഹർജ�പട�ക !�ട�ൽ !ന# ത��കനത�ന�, ആ�ത�ന# ��ലത�ര തടസങള� ഉണ�കനതല എന# എതകക�കള� �മത�ച�ര�കന. അപക�ര� ഹർജ�പട�ക!ഹകള�ൽ !ന# ത��കന ദ�!�� എന�ലTന# ഹർജ�ക�രൻ, അമ�� 3-ആ� എതകക�ല� അറ��പ�മകണത�, അമന ദ�!�� 3-ആ� എതകക� !ഹകള�ൽ ന�ന# ��റ�മപ�ക�ല�ന# 3-ആ� എതകക � �� അമ �മത�ച�ര�കന. ട� ദ�!�ങള�ൽ ഇരപ�ർട�കള� തമ�ൽ ��ലത�ര !�കതർകങള� ഉണ�കനതല എന� ഇര!ര� �മത�ച�ര�കന.

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ഹർജ�ക�രൻ 3-ആ� എതകക � �� അമയ# പത � �� നൽകനത�� 1500/- രപ ട � �ര�യലട ഗ��ൺ ബ�ങ#, ഗര!�യർ ബ�ഞ# എക]ണ�മ�ക# deposit ല5യ ലക�ള�ല�ന� ഹർജ�ക�രൻ �മത�ച�ര�കന.

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മ�ൽ !&!സകൾ അന�ര�ച# WP(C) No.4726/2018 നമർ ഹർജ��ൽ ഒര !�ധ�യണ�ക!�ൻ ഇരപ�ർട�കള� �മത�ച�ര�കന. ത�ല4 ട`ബTൽ മക�ടത�യലട ഉ'രവ പക�ര� ഹർജ� പട�ക സ�'# 3-ആ� എതകക�� അമയ# ത��കനത�ന# ��ലത�ര തടസമ�� റ� ഹർജ�ക�രൻ ല5യനതല എന� �മത�ച�ര�കന.

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മ�ൽ !&!സകൾ !��ച �നസ � �ക� ഇമന ദ�!�� തശർ ജ�ല ��ഡ�മ�ഷൻ ല�നറ�ൽ ല!ച# ഈ കര�റ�ൽ ഒപ�ടന.

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എന# 2018 ജൺ �� 28-ആ� ത � ത� "

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It is evident from the mediation agreement that the parties

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have agreed to abide by the terms and conditions of the said mediation agreement. Accordingly it is ordered that the impugned Ext.P4 order

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W.P.(C)No.4726 of 2018

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..4..

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will stand set aside and the parties will be relegated by the said mediation agreement dated 28.6.2018 entered into between them.

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With these observations and directions the above writ petition (civil) will stand finally disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE

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skj

Thomson @ Tomy v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Thomson @ Tomy v. the State of Kerala

Case brief

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What did the court decide?

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