Disposed

Adhikarath Kunheedhu v. the District Collector

Kerala HC13 Oct 2020WP(C)/7216/2020

Case brief

AI extract

What is this about?

This writ petition involves a senior citizen seeking urgent directions to expedite pending maintenance proceedings against his son. The High Court of Kerala directed the Sub Collector to finalize the matter within three months.

What did the court decide?

The 2nd respondent is directed to expedite the proceedings and finalize the petition filed by the petitioner within three months from the date of receipt of a certified copy of this judgment.

Adhikarath Kunheedhu Vs the District Collector — Pension and Retirement Benefits | Kerala HC (2020)

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 13TH DAY OF OCTOBER 2020 / 21ST ASWINA, 1942

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WP(C).No.7216 OF 2020(B)

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PETITIONER:

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ADHIKARATH KUNHEEDU S/O MAMMAD, ATHAVANAD AMSOM, ATHAVANAD DESOM, ATHAVANAD.P.O, TIRUR TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.P.M.RAFIQ

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, DISTRICT COLLECTORATE, MALAPPURAM-676505.

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ADDL R2 SUB COLLECTOR, TIRUR - 676 101, MALAPPURAM DISTRICT

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ADDL R2 IMPLEADED AS PER ORDER DATED 13.10.2020 IN I.A NO.1 OF 2020

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SRI BIMAL K NATH, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.7216 OF 2020

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JUDGMENT

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The petitioner herein is a senior citizen. He states that he has approached

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the 1st respondent and filed Ext.P1 petition invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 arraying his son, Sri.Mohammed Sakkeer as the respondent seeking inter alia for payment of maintenance, setting aside a settlement deed and also for an unhindered residence in his property. His grievance is that though the said petition was filed as early as in the year 2017, no finality has been attained till date. It is in the above background that he has approached this Court seeking a direction to the 2nd respondent to expedite the proceedings and dispose it off within a time frame.

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I have heard Sri.P.M.Rafiq, the learned counsel appearing for the petitioner and Sri.Bimal K.Nath, the learned Senior Government Pleader. The learned Government Pleader submits that the matter is now pending before the 2nd respondent and the proceedings can be concluded within a period of three months.

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Having regard to the facts and circumstances and the submissions

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made across the Bar, this writ petition is disposed of directing the 2nd respondent to expedite the proceedings and finalise Ext.P1 after affording opportunity to the petitioner as well as the respondent in the petition to advance their respective

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WP(C).No.7216 OF 2020

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cases. Final orders shall be passed in consonance with law, expeditiously, at any rate, within a period of three months from the date of receipt of a certified copy

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of this judgment.

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The petitioner shall produce a copy of the writ petition along with the judgment before the 2nd respondent for further action.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.7216 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF APPLICATION DATED 24.2.2020 FILED BY THE PETITIONER BEFORE THE DISTRICT COLLECTOR, MALAPPURAM. EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 24.2.2020 ISSUED TO PETITIONER BY THE RESPONDENT ACKNOWLEDGING RECIEPT OF EXT.P1 APPLICATION. EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE CIVIL SURGEON OF DISTRICT HOSPITAL,PERINTHALMANNA.

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RESPONDENTS EXHIBITS:NIL

Adhikarath Kunheedhu v. the District Collector

Case brief

What is this about?

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Adhikarath Kunheedhu v. the District Collector

Case brief

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