A writ petition was dismissed for being misconceived. The petition sought to drop proceedings because a maintenance complaint was withdrawn. However, the District Collector passed a separate eviction order via Rule 19, distinct from the withdrawn tribunal case.
Writ petition dismissed as misconceived.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
WP(C) NO. 14826 OF 2021
PETITIONER:
P.P.SAAJITHA, AGED 37 YEARS D/O.JAMEELA, RESIDING AT PUTHIYAPURAYIL HOUSE, NEAR RAHMANIA MASJID, ATHAYAKUNNU, P.O. KOTTALI, KANNUR-670 005. BY ADV C.K.SREEJITH
RESPONDENTS:
1 JAMEELA P.P., AGED 70 YEARS W/O.LATE MOIDEEN, RESIDING AT PUTHIYAPURAYIL HOUSE, NEAR RAHMANIA MASJID, ATHAYAKUNNU, P.O.KOTTALI, KANNUR-670 005. 2 MAINTENANCE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT/ REVENUE DIVISIONAL OFFICER, TALIPARAMBA, KANNUR-670 141. 3 THE DISTRICT MAGISTRATE, KANNUR DISTRICT, P.O.CIVIL STATION, KANNUR-670 002. 4 THE DISTRICT COLLECTOR, KANNUR-670 001. BY SMT.SHEEJA C.S., SR. GOVT. PLEADER BY ADV K.RAJESH SUKUMARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W. P. (C) No.14826 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 1st day of October, 2021
J U D G M E N T
The relief claimed in the writ petition reads
thus:-
“Issue writ of mandamus or such other writ
or direction directing the 2nd , 3rd & 4th respondents to drop all the further proceedings in MCC No.13/2020 in the light of the withdrawal of the petition by the 1st respondent.”
respondent. MCC 13/2020 was initiated by the first respondent against the petitioner before the Maintenance Tribunal, Taliparamba. An ex parte order was passed directing the petitioner to vacate the house wherein the first respondent is residing. Subsequently the petitioner filed an application to set aside the ex parte order. Pending the same, the first respondent did
not pursue the proceedings before the Maintenance
W. P. (C) No.14826 of 2021
-: 2 :-
Tribunal and the complaint was withdrawn as per Ext.P3 order dated 08.06.2021.
the District Magistrate in terms of Rule 19 of the Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, voicing her grievance and seeking for eviction of the petitioner from the house. A copy of the said application is produced as Ext.R1(e). The withdrawal of the proceeding before the Maintenance Tribunal and the filing of a complaint before the District Magistrate, is obviously considering the powers of the Maintenance Tribunal in terms of the Act and also that of the District Magistrate in terms of Rule 19 of the Rules.
W. P. (C) No.14826 of 2021 -: 3 :-
hearing the petitioner and the first respondent. The present order (Ext.P4) directing the petitioner to vacate the residence is not one passed in MCC 13/2020. The writ petition is misconceived and is only to be dismissed.
Writ petition fails and is accordingly dismissed.
Sd/- SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 14826/2021
PETITIONER EXHIBITS
| Exhibit | P1 | THE TRUE COPY OF THE JUDGMENT IN WP(C) |
|---|---|---|
| NO.26761/2020 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAM DT.3.12.2020. |
||
| Exhibit | P2 | THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.3794/2021 BEFORE THE HON'BLE HIGH COURT OF KERALA DT.16.2.2021. |
| Exhibit | P3 | THE TRUE COPY OF THE ORDER PASSED BY THE MAINTENANCE TRIBUNAL DT.8.6.2021. |
| Exhibit | P4 | THE TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR DT.21.6.2021. |
| RESPOND | ENT EXHIBITS | |
| Exhibit | R1(a) | COPY OF THE COMPLAINT DATED 07/09/2017 GIVEN |
| BY THE 1ST RESPONDENT TO THE VANITHA CELL, KANNUR. |
||
| Exhibit | R1(b) | COPY OF THE O.P. TICKET DATED 19/12/2017 OF THE DISTRICT HOSPITAL, KANNUR. |
| Exhibit | R1(c) | COPY OF THE ORDER DATED 01/02/2018 IN M.C.C.202/2017 OF THE MAINTENANCE TRIBUNAL, THALASERRY. |
| Exhibit | R1(d) | COPY OF THE ORDER IN M.C.C.202/2017 DATED |
| 06/02/2020 OF THE MAINTENANCE TRIBUNAL, THALASERRY. |
||
| Exhibit | R1(e) | COPY OF THE COMPLAINT DATED 27/10/2020 GIVEN |
| BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. |
1 issue framed by the court
Whether the writ petition seeking dismissal of further proceedings before authorities after withdrawal of the maintenance petition is maintainable.
1 provisions across 1 enactments
P.P.SAAJITHA
JAMEELA P.P.
MAINTENANCE TRIBUNAL FOR MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN ACT
THE DISTRICT MAGISTRATE, KANNUR DISTRICT
THE DISTRICT COLLECTOR, KANNUR
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
