- 1 - NC: 2025:KHC:17110 WP No. 45820 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 45820 OF 2017 (GM-RES) BETWEEN: SRI VINODH KUMAR S/O V SUNDARESHAN AGED ABOUT 42 YEARS R/A 140, 2ND FLOOR 2ND MAIN ROAD, 2ND CROSS VIVEKNAGAR EXTENTION BANGALORE-560 047 …PETITIONER (BY SRI. T G SUDHA, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR 563115 2. SMT CHINTHAMANI C W/O SUNDARESHAN V AGED ABOUT 63 YEARS R/AT NO.41, MINU NILAYA, 2ND CROSS ROAD, PALARNAGARA,BEMS TOWN POST K.G.F- 563115 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 SRI. H PAVANA CHANDRA SHETTY, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 21.9.2017 PASSED BY THE R-1 [ANNEXURE-A] AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17110 WP No. 45820 of 2017 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: “Wherefore, THE PETITIONER humbly pray that this Hon’ble Court may be pleased to (a) Issue a writ of certiorari or direction or order and quash the order dated 21.09.2017 in CASE No.ADM.CR 103/2017-18, passed by the first respondent (Annexure-A), (b) Issue such other direction and grant such other consequential reliefs to the petitioner including an order as to costs of this proceedings in the interest of justice and equity.” 2. A joint memo has been filed by the petitioner and respondent No.2 which reads as under: “1. The Petitioner is the son of Respondent No.2 and Respondent No.2 had executed a Gift Deed in favour of the Petitioner on 25.11.2015, gifting the property bearing site No.2 of Doddurukarapanahalli Plantation Village, Robertsonpet, Bangarpet. measuring about 3000 Sq Ft. 2. The present writ petition has been filed by the Petitioner challenging the order dated 21.09.2017 passed by Respondent No.1, produced as Annexure- A, wherein Respondent No.1, exercising powers under the Maintenance and welfare of parents and senior citizens act. 2007, has directed petitioner to register the dwelling house measuring about 30 Ft X 20 Ft, in favour of Respondent No.2. 3. The Petitioner mortgaged the aforesaid property gifted by Respondent No.2 and availed loan from - 3 - NC: 2025:KHC:17110 WP No. 45820 of 2017 State Bank of India and as the loan was not discharged by the Petitioner, the State Bank of India initiated recovery proceedings and Respondent No.2 filed WP.No.20375/2023, challenging the recovery proceedings. 4. The Petitioner and Respondent No.2 have amicably resolved the matter and on the assurance of the Petitioner that he shall discharge the loan outstanding and shall further take care of Respondent No.2, namely the mother of the Petitioner, Respondent No.2 filed a Memo in WP.No.20375/2023 seeking to withdraw the said writ petition and the said writ petition was dismissed as withdrawn by an order dated 21.04.2025. 5. The Petitioner has agreed to provide financial support to Respondent No.2 for the rest of her life and has further assured to take care of all the needs of Respondent No.2, including the required moral and financial support for the health and wellbeing of Respondent No.2 and the Petitioner has also filed an Affidavit before this Hon’ble Court, in the present proceedings, undertaking the same. Respondent No.2 is presently residing with her daughter namely Selvi, in a rented premises at Bengaluru. 6. In the aforesaid circumstances, Respondent No.2 has no objection for allowing the writ petition by quashing the order passed by Respondent No.1, produced as Annexure-A, subject to the condition that the Petitioner shall take care of Respondent No.2 as aforesaid. 7. This joint Memo may kindly be taken on record and appropriate orders may kindly be passed in the interest of justice and equity.” 3. Respondent No.2 is present before this court in- person. She has been explained the contents of the joint memo by the learned counsel for respondent - 4 - NC: 2025:KHC:17110 WP No. 45820 of 2017 No.2 through the daughter of respondent No.2 who is also present before this court, since respondent No.2 does not know English or Kannada and is only conversant in Tamil. 4. Learned counsel for respondent No.2 on the basis of the instructions of the daughter of respondent No.2 as also respondent No.2 submits that the terms of the joint memo have been agreed upon voluntarily by and between the petitioner and respondent No.2 and respondent No.2 has no objection for allowing of the said writ petition. 5. On inquiry with the petitioner as to what is the nature of accommodation that would be made available by the petitioner to respondent No.2 and what is the financial support on a monthly basis which would be made available by the petitioner, it is stated that a single bedroom house with all facilities situate in the ground floor of BEML Layout of Kolar would be made available by the petitioner to - 5 - NC: 2025:KHC:17110 WP No. 45820 of 2017 respondent No.2 and a monthly maintenance amount of ₹10,000/- would be paid without any default on or before 10th of every month. Apart from the said maintenance amount, the petitioner submits that the medical requirements and any other emergency requirement of respondent No.2 shall be taken care of by the petitioner. 6. In that view of the matter, the joint memo is accepted and I pass the following: ORDER i. The writ petition is allowed; ii. A certiorari is issued, the order dated 21.09.2017 in case No.ADM.CR103/2017- 18, passed by respondent No.1 at Annexure- A is hereby quashed subject to the above undertaking in the memo and the observations made hereinabove. SD/- (SURAJ GOVINDARAJ) JUDGE PNV - List No.: 3 Sl No.: 14