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Madras High CourtWP(MD)/1169/2021dismissed as infructuous

Mary Vimala v. N.Selvaraj

2024-07-26Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.1169 of 2021 and W.M.P.(MD)No.1015 of 2021 Mary Vimala ... Petitioner Vs.

1. N.Selvaraj

2. The Sub-Divisional Magistrate-cumSub-Collector-cum-Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Padmanabhapuram, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records of the second respondent pertaining to his order in Na.KaA2/ 4482/2019 dated 20.11.2020 on his file, quash the same, insofar as the same is against the petitioner, stating that the first respondent can live on the ground floor of Jerome Cottage house in Kappiyarai A Village with full freedom till his death, and that if servant is needed to take care of and maintain him, who is old, the same is allowed. 1/4

For Petitioner : Mr.K.N.Thampi For R1 : Mr.M.Sreenivasan For R2 : Mr.V.Om Prakash Government Advocate

O R D E R

The Writ Petition is directed against the order dated 20.11.2020 passed by the second respondent.

2. When the matter is taken up for hearing today, the learned counsel appearing for the writ petitioner would submit that the first respondent/father-in-law of the writ petitioner died on 21.10.2021 and as such, the prayer has become infructuous and also filed a Memo dated 18.02.2024 to that effect. The above said Memo is recorded.

3. In view of the above, this Writ Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

26.07.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 2/4

To

1. The Sub-Divisional Magistrate-cumSub-Collector-cum-Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Padmanabhapuram, Kanyakumari District.

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.1169 of 2021 and W.M.P.(MD)No.1015 of 2021 Dated : 26.07.2024 4/4