Disposed

Muhammed Rasheed v. Muhammed Rafi

Kerala HC11 Oct 2021WP(C)/12564/2021

Case brief

AI extract

What is this about?

In a writ petition filed by senior citizen petitioners seeking eviction of their son and family, the High Court of Kerala disposed of the petition by directing the District Collector to consider the eviction complaint and pass appropriate orders with due notice within three months.

What did the court decide?

Directed the 5th respondent (District Collector) to consider Ext P6 (complaint) and pass appropriate orders with due notice within three months.

Muhammed Rasheed Vs Muhammed Rafi — Pension and Retirement Benefits | Kerala HC (2021)

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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 SATHISH NINAN

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MONDAY, THE 11^TH DAY OF OCTOBER 2021 / 19TH ASWINA, 1943

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WP(C) NO. 12564 OF 2021

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PETITIONERS:

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1 MUHAMMED RASHEED,AGED 85 YEARS S/O. APPUKUNJU, TC 20/1328, MANGATTU VEEDU, MELARANNOOR, KARAMANA P.O., THYCADU VILLAGE, THIRUVANANTHAPURAM-695002.

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2 AISHA KUNJU, AGED 81 YEARS,W/O. MUHAMMED RASHEED, 20/1328, MANGATTU VEEDU, MELARANNOOR, KARAMANA P.O.,THYCADU VILLAGE, THIRUVANANTHAPURAM-695002.

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BY ADVS. K.P.PRADEEP HAREESH M.R. T.T.BIJU T.THASMI M.J.ANOOPA

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RESPONDENT/S:

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1 MUHAMMED RAFI,AGED 55 YEARS,S/O. MUHAMMED RASHEED, TC 53/1355, HARESREE, POTTAVILA PONNUMANGALAM PAZHAYA KARAKKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM-695020.

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2 SHAHIDA A.F., W/O. MUHAMMED RAFI, TC 53/1355, HARESREE, POTTAVILA PONNUMANGALAM PAZHAYA KARAKKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM-695020.

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3 SHAHIRA M.S.,D/O. MUHAMMED RAFI, TC 53/1355, HARESREE, POTTAVILA PONNUMANGALAM PAZHAYA KARAKKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM-695020.

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4 MUHAMMED ADIL,S/O. MUHAMMED RAFI, TC 53/1355, HARESREE, POTTAVILA PONNUMANGALAM PAZHAYA KARAKKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURAM-695020.

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5 THE DISTRICT COLLECTOR,2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM-695043.

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6 ASSISTANT COMMISSIONER OF POLICE, FORT, THIRUVANANTHAPURAM. 7 STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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BY ADVS.SAMPATH V. TOMS AMBROSE JUDE DCRUZ SREENA B.S. SR.GP SMT.SHEEJA C.S

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.10.2021,

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THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C) NO.12564 OF 2021

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JUDGMENT

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The petitioners are senior citizens. Alleging harassment at the hands of respondents 1 to 4 namely the son and his family, seeking their eviction from the petitioner's house they filed Ext P6 complaint before the 5^th respondent District Collector – District Magistrate. The application has been filed in terms of Rule 19 of the Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2019. The petitioner relies on the judgment of this Court in ThoppilAnto v. Glancin C.A and Another (2020(2) KLT 176) to contend that the District Magistrate has, under the Rules, the power to order eviction.

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Be that as it may, it is for the 5^th

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respondent to consider the application on its merits and pass appropriate orders.

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Accordingly, the writ petition is disposed of directing the 5^th respondent to consider and pass appropriate orders on Ext P6 with due notice to the

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W.P(C) NO.12564 OF 2021

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petitioner and respondents 1 to 4, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

vdv

W.P(C) NO.12564 OF 2021

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APPENDIX OF WP(C) 12564/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE STATEMENT OF FACTS IN THE PETITION, FILED BEFORE THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM, IN CASE NO.J/12021/2018/KDS.

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Exhibit P2 TRUE COPY OF THE ORDER DATED 4.9.2018 IN J/12021/2018 OF THE MAINTENANCE TRIBUNAL, THIRUVANANTHAPURAM.

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Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS BEFORE THE MAINTENANCE TRIBUNAL.

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Exhibit P4 TRUE COPY OF THE ORDER DATED 6.1.2021 IN RDOTVM/23/2021/J1 OF THE MAINTENANCE TRIBUNAL, THIRUVANANTHAPURAM.

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Exhibit P5 TRUE COPY OF THE PETITION DATED 9.1.2021 FILED BEFORE THE SHO, KARAMANA POLICE STATION.

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Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 20.2.2021 FILED BEFORE THE DISTRICT MAGISTRATE/DISTRICT COLLECTOR.

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Exhibit P7 TRUE COPY OF THE ORDER DATED 30.6.2018 IN C.M.P.NO.302/18 DATED M.C.NO.26 OF 2018 OF THE JFCM-1, THIRUVANANTHAPURAM.

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Exhibit P8 TRUE COPY OF THE APPLICATION IN C.M.P.NO.302 OF 2018 DATED 30.6.2018 IN MC NO.26 OF 2018 OF THE JFCM-1, THIRUVANANTHAPURAM.

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Exhibit P9 TRUE COPY OF THE ORDER DATED 27.11.2020 IN CMP NO.1130 OF 2020 IN M.C.NO.25 OF 2020 OF THE JFCM COURT-1, THIRUVANANTHAPURAM.

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Exhibit P10 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONERS DATED 15.6.2021 BEFORE THE ASSISTANT COMMISSIONER OF POLICE, THE 6TH RESPONDENT.

Muhammed Rasheed v. Muhammed Rafi

Case brief

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Muhammed Rasheed v. Muhammed Rafi

Case brief

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