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2025 DAILYLAW 30487 (KAR)

SRI. SUNDARA RAJAN v. THE ASSISTANT COMMISSIONER

WP/56395/2017 · 2025-01-21

Jyoti Mulimani

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Judgment text

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- 1 - NC: 2025:KHC:2438 WP No. 56395 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 56395 OF 2017 (GM-RES) BETWEEN: SRI. SUNDARA RAJAN S/O LATE S.T.KRISHNASWAMY, AGED ABOUT 46 YEARS, R/O: NO.25, 1ST FLOOR, 1ST "A" MAIN ROAD, SUDHAMANAGAR, BENGALURU-560 027. …PETITIONER (BY SRI. BHARATH KUMAR.V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, K.G. ROAD, BENGALURU 560 001. 2. SMT. K.DHANABHAGYAM W/O LATE S.T.KRISHNASWAMY, AGED ABOUT 71 YEARS, R/O NO.25, GROUND FLOOR, 1ST "A" MAIN ROAD, SUDHAMANAGAR, BENGALURU-560 027. 3. SMT. THULASIMANI S/O G.K.RAJENDRA, D/O LATE S.T.KRISHNASWAMY, R/O: NO.37, VALLALAR STREET, E.V.R SALAI, BEHIND VIJAYA HOSPITAL, DINDIGUL TALUK AND DIST, TAMIL NADU-624 001. …RESPONDENTS (BY SMT. SHWETHA RAVISHANKAR., ADVOCATE FOR C/R2; Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2438 WP No. 56395 of 2017 SRI. SRINIVAS KUMAR., HCGP FOR R1; SRI. SHAM.A.NEMICAL., ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Srinivas Kumar.M., HCGP for respondent No.1 and Sri.Sham A.Nemical., counsel for respondent No.3 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 11.10.2017 passed by the first respondent in Case No.MSC/CR/91/2016-17 vide Annexure-C. 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.Sham A.Nemical., submits that the third respondent had filed a Writ Petition challenging the order dated 11.10.2017 before this Court in W.P.No.265/2018 and this Court vide order dated 31.05.2024 had quashed the impugned order. Counsel submits that a true copy of the order is - 3 - NC: 2025:KHC:2438 WP No. 56395 of 2017 furnished by filing a memo and the same may be placed on record. Counsel further submits that Smt.K.Dhanabhagyam - respondent No.2 is no more. Counsel therefore, submits that an appropriate order may be passed. The oral submission made by counsel for respondent No.3 and the memo is placed on record. 5. Suffice it to note that the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 are applicable only for the Senior Citizens and under the said Act, the senior citizen can initiate proceedings before the Assistant Commissioner seeking appropriate relief. Taking note of the fact that respondent No.2 mother is no more, the proceedings initiated by her abates. Furthermore, the impugned order has already been quashed by the coordinate bench of this Court. Hence, nothing survives for consideration in the Writ Petition at this juncture. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 13