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2025 Supreme(Online)(KER) 10697

HIGH COURT OF KERALA
C.S. DIAS, J
P I JOSEPH – Appellant
Versus
REVENUE DIVISIONAL OFFICER IRINJALAKUDA – Respondent


Advocates:
For the Appellants/Petitioners: P.A.AYUB KHAN, NIJI K.SHAHUL
For the Respondents: M.M.DEEPA, SANTHOSHKUMAR K.C, K.R.RANJITH

JUDGMENT

Dated this the 19th day of February, 2025 The writ petition is filed to direct the 1st respondent to quash Ext.P4 order.

2. The petitioner is the eldest son of Late Itteera and Annamkutty, who have four sons. The 2nd respondent is a younger brother of the petitioner. The petitioner and the 2nd respondent have another brother named, Jhony, who is suffering from disability. The petitioner was taking care of his brother. In 2023, the 2nd respondent took Jhony with him. Subsequently, the 2nd respondent started avoiding the petitioner and other relatives. Later, the petitioner learnt that the 2nd respondent had handed over the custody of Jhony to an institution, and without the knowledge and consent of the petitioner had transferred certain properties of Jhony as per Ext.P4 order passed by the 1st respondent. The petitioner has not received any notice in the application filed by the 2nd respondent. Hence, Ext.P4 order may be cancelled.

3. The 1st respondent had affidavit denying the allegations in the writ petition. It is contended that the petitioner has an alternative statutory remedy under the Rights of Persons with Disabilities Act, 2016 (in short ‘Act’). As per Ext.

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