SRI BASAVARAJ G S v. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE
WP/2008/2023 · 2025-11-18
D K Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39437 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39437 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:47197 WP No. 2008 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 2008 OF 2023 (GM-RES) BETWEEN:
1.
SRI BASAVARAJ G S S/O LATE G CHANNAVEERAPPA AGED ABOUT 49 YEARS R/AT AGARADAHALLI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN CODE-577227
2.
SMT. SUSHMA W/O SRI BASAVARAJ G S AGED ABOUT 39 YEARS R/AT AGARADAHALLI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN CODE-577227 …PETITIONERS
(BY SRI YADUNANDAN N AND SRI GURURAJ R, ADVOCATES)
AND:
1.
DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE APPELLATE AUTHORITY UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 AND RULES FRAMED THEREUNDER SHIVAMOGGA DISTRICT
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:47197 WP No. 2008 of 2023
SHIVAMOGGA PIN CODE-577201
2.
ASSISTANT COMMISSIONER TRIBUNAL OF MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS SHIVAMOGGA SUB-DIVISION SHIVAMOGGA-577201
3.
SMT. PARVATHAMMA W/O LATE G CHANNAVEERAPPA AGED ABOUT 75 YEARS R/AT AGARADAHALLI VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN CODE-577201 …RESPONDENTS
(BY SRI M.N. SUDEV HEGDE, AGA FOR R-1 & R-2;
SRI SRIKANTH PATIL K, ADVOCATE FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY RESPONDENT NO.1 DATED 12.12.2022 AS PER ANNEXURE-J.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:47197 WP No. 2008 of 2023
CORAM: HON'BLE MR. JUSTICE D K SINGH
ORAL ORDER
1. The petitioners, who are the son and daughter-in-law of the respondent No.3, a 75 year old widow, have filed this writ petition impugning the order dated 12.12.2022 passed by the respondent No.1-Deputy Commissioner, Shivamogga, whereby the respondent No.3 has been provided police protection considering the threat perception to her life and liberty.
2. This Court has noted the conduct of the petitioners in its
order dated 27.11.2023 passed in this writ petition. The said
order would read as under:
"Learned High Court Government Pleader to secure instructions and place on record as to what action has been taken against the petitioners for allegedly beating the 75 years old lady on account of the family dispute pending between them. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 grants police protection if there is any threat to a senior citizen.
The State shall also consider the same and report the action taken, by the next date of hearing.
It is made clear that the petitioners would again indulge in such an act, which is now alleged by
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HC-KAR NC: 2025:KHC:47197 WP No. 2008 of 2023
the learned counsel for respondent No.3, the matter would be viewed seriously.
In the light of the acts of the petitioners towards respondent No.3 any interim order granted in favour of the petitioners by this Court stands vacated.
The Deputy Commissioner shall take action in accordance with law and report the same to this Court, on the next date of hearing.
List the matter on 05.12.2023."
3. This is an unfortunate case where the son and daughter- in-law are accused of beating the 75 year old mother. This Court fails to understand as to how the son and daughter-in- law can be said to be aggrieved for giving police protection to the respondent No.3 to protect her life and liberty.
4. Having considered the facts and circumstances of the case and the unfortunate incident which has been noted by this Court in its order dated 27.11.2023, I am of the considered view that the Deputy Commissioner has passed the correct
order to protect the life and liberty of the respondent No.3. The petitioners do not have any locus to challenge the said order and therefore, I dismiss the writ petition.
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HC-KAR NC: 2025:KHC:47197 WP No. 2008 of 2023
In view of dismissal of the writ petition, pending interlocutory applications, if any, do not survive for
consideration and accordingly, they are disposed of.
Sd/- (D K SINGH) JUDGE
BKV List No.: 1 Sl No.: 1