High Court granted Senior Citizen status maintenance to father despite disputed ownership and upheld eviction order of son from father's house directing police to evict son within one week.
Eviction of petitioner from Respondent 6's house within one week; directed Rs. 5,000 monthly maintenance through money order.
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.
W.P.(MD).No.12886 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD).No.12886 of 2022 and W.M.P.(MD)Nos.9142 and 9143 of 2022
A.Ebenesar Jebaraj ... Petitioner
Vs.
W.P.(MD).No.12886 of 2022
4.The Tahsildar,
4.The Tahsildar, Collector's Bungalow, SH 46, Kurusady, Agasteeshwarm, Nagercoil, Kanyakumari District-629 001.
6.Augestin ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the respondent No.1 vide Na.Ka.C3/35254/2021 dated 18.05.2022 and quash the same as illegal.
For Petitioner : Mr.G.Anto Prince
For R-1, R-3 & R-4: Mr.D.S.Neduncheliyan, Government Advocate For R-2 & R-5 : Mr.K.Gnanasekaran, Government Advocate For R-6 : Mr.T.Selvakumaran
W.P.(MD).No.12886 of 2022
ORDER
Challenging the order passed by the 1st respondent dated 18.05.2022 as well as the 3rd respondent, allowing the petition filed by the 6th respondent under Section 5 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, (Hereinafter referred to as “Act”), this writ petition is filed.
W.P.(MD).No.12886 of 2022
to the 6th respondent within a period of 15 days from 27.09.2021. The said order was challenged by filing an appeal before the 1st respondent by the petitioner and the 1st respondent, after considering the facts and circumstances of the case, on 18.05.2022 confirmed the order passed by the 3rd respondent. Challenging the same, this writ petition is filed.
submitted that the petitioner is doing a contract business and his wife is working as a staff nurse in Asaripallam Medical College. As early as on 21.10.2020, the petitioner and his wife purchased a property comprising an area of 5.370 cents land in Vemanur Village, Agastheeswaram Taluk, and constructed a huge house therein. Despite the same, the petitioner together with his wife witch-hunted the 6th respondent out of his own house and chased him away from his house. At his old age, the 6th respondent is left in lurch in the streets. Therefore, the learned counsel for the 6th respondent pressed for dismissal of the writ petition.
W.P.(MD).No.12886 of 2022
W.P.(MD).No.12886 of 2022
anything on grant of maintenance, though not claimed by the 6th respondent, I am of the considered view that the same should be awarded.
10.01.2025
NCC : Yes / No Index : Yes / No Sm/Sml
W.P.(MD).No.12886 of 2022
To
W.P.(MD).No.12886 of 2022
L.VICTORIA GOWRI, J.
Sm/Sml
W.P.(MD).No.12886 of 2022
10.01.2025
2 issues framed by the court
Whether the appellant, the son of a petitioner under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, was proper party to challenge the tribunal order or only the senior citizen h
Whether maintenance should be awarded to the senior citizen despite no explicit claim having been made in the lower proceedings.
2 provisions across 2 enactments
A.Ebenesar Jebaraj
The District Collector / The Maintenance and Welfare of Parents and Senior Citizen's Appellate Tribunal, Kanyakumari Collectorate, Nagercoil-629 001
The District Superintendent of Police, Nagercoil
The Revenue Divisional Officer, Nagercoil
The Tahsildar, Nagercoil
Augustin
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
