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2025 DAILYLAW 30586 (KAR)

MR. ANTHONY OSWALD MINEZES v. THE DEPUTY COMMISSIONER

WP/48565/2017 · 2025-01-23

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2990 WP No. 48565 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 48565 OF 2017 (GM-RES) BETWEEN: 1. MR. ANTHONY OSWALD MINEZES, S/O LATE FRANCIS MINEZES, AGED ABOUT 52 YEARS, R/AT THENKA NIDIYURU VILLAGE, KODAVOORU POST, UDUPI TALUK, UDUPI DISTRICT-576 101, REP. BY ITS GPA HOLDER/WIFE MRS. MONIKA ALICE MINEZES. 2. MRS. MONIKA ALICE MINEZES @ ALICE ANTHONY MINEZES, W/O. MR. ANTHONY OSWALD MINEZES, AGED ABOUT 47 YEARS, R/AT THENKA NIDIYURU VILLAGE, KODAVOORU POST, UDUPI TALUK, UDUPI DISTRICT-576 101. …PETITIONERS (BY SRI. PRASANNA.V.R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, UDUPI DISTRICT-CUM-APPELLATE AUTHORITY, RAJATHADRI, MANIPAL-576 104. 2. THE ASSISTANT COMMISSIONER, KUNDAPUR SUB DIVISION-CUM-MAINTENANCE TRIBUNAL FOR SENIOR CITIZENS, KUNDAPUR, UDUPI DISTRICT-576 201. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2990 WP No. 48565 of 2017 3. MRS. GRACY MINEZES W/O. LATE FRANCIS MINEZES, AGED ABOUT 82 YEARS, R/AT C/O. MRS. ANITHA CALDERIA, NO.4/108/1(4), CHRISTIAN MISSION, KARANTHADY ROAD, KAVOORU, MANGALURU, D.K. DISTRICT-575 015. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Prasanna.V.R., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 1 and 2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 25.09.2017 passed by the first respondent in Case No.C.Dis.MAG.SR:3/2017 vide Annexure-A. 3. Heard the arguments and perused the Writ papers with care. - 3 - NC: 2025:KHC:2990 WP No. 48565 of 2017 4. Counsel Sri.Prasanna.V.R., submits that Mrs.Gracy Minezes - the third respondent has died in the year 2018 i.e., on 22.06.2018. Counsel therefore, submits that an appropriate order may be passed. The oral submission made by counsel for the petitioners is placed on record. 5. Suffice it to note that the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is 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.3 mother is no more, the proceedings initiated by her abates. Hence, nothing survives for consideration in the Writ Petition at this juncture. 6. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 15