SANDEEP KUMAR, vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60172
WP No. 24841 of 2026
CNR: KAHC010548392026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 24841 OF 2026 (GM-RES)
BETWEEN:
1. SANDEEP KUMAR,
S/O RAMAKRISHNA PILLAI,
AGED ABOUT 57 YEARS,
R/AT POOJA MEDICALS, PANDESHWARA,
MANGALORE-575001.
2. PRASHANTH KUMAR,
S/O RAMAKRISHNA PILLAI,
AGED ABOUT 54 YEARS,
AKSHAYA TELLAR ROAD,
KARKALA TALUK,
UDUPI DISTRICT-576117.
(REP BY POWER OF ATTORNEY HOLDER PETITIONER
NO.1)
…PETITIONERS
(BY SRI. MAHENDRA G.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
AMBEDKAR VEEDHI,
BENGALURU-560001.
2. PRESIDENT
ADMINISTRATIVE TRIBUANL AND
SUB DIVISION MAGISTRATE
KUNDAPURA SUB DIVISION
KUNDAPURA 576201
3. SRI RAMAKRISHNA PILLAI,
S/O NARAYANA PILLAI,
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
CNR: KAHC010548392026
AGED ABOUT 82 YEARS,
R/AT AKSHAYA TELLAR ROAD,
KARKALA TALUK,
UDUPI DISTRICT-576117.
4. SMT. K LAKSHMI,
W/O RAMAKRISHNA PILLAI,
AGED ABOUT 84 YEARS,
5. ARATHI ASHOK
D/O RAMAKRISHNA PILLAI
AGED ABOUT MAJOR
6. ASHOK A S NAIR,
S/O SHIVARAMAN NAIR,
AGED ABOUT MAJOR,
RESPONDENT NO. 4-6 ARE R/AT
RKL NIVAS, KADARI VILLAGE, BAJAGOLI,
KARKALA, UDUPI DIATRICT-574122.
…RESPONDENTS
(BY SRI.NEELAKANTAPPA K. PUJAR., HCGP A/W
SRI. RANJITH KUMAR N., HCPG FOR R1 & R2;
V/O/D 10.8.2026
SRI. SHRAVAN BHARADWAJ., ADVOCATE FOR R3 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI TO QUASH THE ORDER DATED 12.01.2022 PASSED BY
THE ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION,
KUNDAPURA IN CDS MLG SR 01/2021-22 AT ANNEXURE-A AND ETC.
THIS WRIT PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:60172
WP No. 24841 of 2026
CNR: KAHC010548392026
ORAL ORDER
1. The petitioners are before this Court seeking for the
following reliefs:
(a) Issue a writ of Certiorari to quash the passed
by the PRSIDENT, Administrative Tribunal and Sub
Division Magistrate Kundapura Sub Division,
Kundapura in CDS MLG SR 01/2021-22 at
ANNEXURE-A. Dated 12/1/2022.
(b) Issue a writ of mandamus directing the
respondents No.4-6 to not interfere with the day to
day affairs of the respondent No.3.
(c) Issue any other writ, order or direction as this
Hon'ble Court deems fit and proper under the facts
& circumstances of this case in the interest of
justice and equity.
2. Respondents No.3 and 4 had filed a complaint before
the Senior Citizens Tribunal alleging that they were
not being looked after properly. The requirements for
their maintenance have not been paid by their
children, namely the petitioners No.1 and 2 and
respondent No.6 therein, the said petition having
been allowed, the petitioners who were respondents
No.1 and 2 therein are before this Court seeking for
the aforesaid reliefs.
3. When the matter was taken up for hearing, both the
counsels submit that they will explore the possibility
of settlement. Respondents No.3 and 4 had also
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
CNR: KAHC010548392026
appeared before this Court through video
conferencing and in pursuance thereof the parties
along with the daughter, who is respondent No.5
have entered into a settlement and today a joint
memo has been filed which reads as under:
JOINT MEMO
That Writ Petition No.21751/2026 has been filed for the
following reliefs:
a. Issue a writ in the nature of Mandamus or any other
appropriate writ, order or direction directing Respondent
No. 1 to 6 to forthwith enforce and Implement the order
dated 12.01.2022 passed by the Assistant Commissioner,
Kundapura Sub-Division in Case No. CDS MAG SR No.
1/2021-22 as per Annexure-A and consequently direct
Respondent No.7 and 8 to strictly comply with the said
order by providing proper food, clothing, shelter, medical
treatment, nursing care, geriatric care and all other
necessary facilities to Sri Ramakrishna Pillal in accordance
with law;
b. Issue a writ, order or direction directing Respondent No.
7 and 8 to reimburse to the 1st Petitioner a sum of Rs.
1,12,222/- (Rupees One Lakh Twelve Thousand Two
Hundred and Twenty Two only) incurred towards the
medical expenses of Sri Ramakrishna Pillai, together with
interest at such rate as this Hon'ble Court deems fit, in
terms of ANNEXURE-V.
c. Issue a writ, order or direction directing Respondent No.
7, 8 and 9 to permit reasonable and regular visitation and
communication between the Petitioners and Sri
Ramakrishna Pillai, subject to his willingness, comfort,
privacy and medical condition, and to furnish medical
records, treatment details, hospitalization records and
health status reports in accordance with law.
d. Issue a writ, order or direction directing Respondent No.
10 and 11 to constitute an Independent Government
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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Medical Board comprising specialists in Geriatrics, Internal
Medicine and Ophthalmology to assess the present
physical, mental and ophthalmological condition of Sri
Ramakrishna Pillai.
e. Issue a writ, order or direction directing Respondent No.
7 and 8 to hand over all personal belongings, identity
documents and medical records to Sri Ramakrishna Pillai to
him at St. Joseph's Home for the Aged or before the
competent authority under proper Inventory and
acknowledgment.
f. Issue a writ, order or direction directing Respondent No.
7 and 8 to deposit a reasonable emergency medical
amount with St. Joseph's Home for the Aged or before the
competent authority to meet urgent hospitalization,
medicines, specialist consultation and emergency treatment
needs of Sri Ramakrishna Pillai and for such other reliefs.
2. The Writ Petition No.24841/2026 has been filed for the
following reliefs:
a. Issue a writ of Certiorari to quash the order dated
12.01.2022 passed by the Assistant Commissioner
Kundapura Sub Division, Kundapura in CDS MLG SR
01/2021-22 at ANNEXURE-A.
b. Issue a writ of mandamus directing the respondents
No.4-5 to not interfere with the day-to-day affairs of the
respondent No.3 and for such other reliefs.
3. It is submitted that during the pendency of the above
Writ Petitions the parties have decided to settle the dispute
amicably and to put an end to the litigations and as such,
the petitioner Nos. 1 and 2 and the respondent Nos. 7 and
8 in Writ Petition No.21751/2026 have entered into the
present compromise with the following terms and
conditions:
a. Petitioner No. 1 in W.P No.24841/2026 has agreed to
pay a sum of Rs. 7,500/- per month each to Respondent
No. 3 and Respondent No. 4 (totaling Rs. 15,000/- per
month), and Petitioner No. 2 has likewise agreed to pay a
sum of Rs. 7,500/-per month each to Respondent No. 3
and Respondent No. 4 (totaling Rs. 15,000/- per month) in
Writ Petition No. 24841/2026. The said payments shall be
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
CNR: KAHC010548392026
made to the respective bank accounts of Respondent No.3
and Respondent No.4, as detailed hereinbelow, on or
before the 10th day of every preceding month during their
lifetime:
i. Respondent No.3 - Ramakrishna Pillai:
Account No.: 9672500100089801
Bank: Karnataka Bank, Bajegoli Branch
IFSC: KARB0000967
ii. Respondent No.4 - Laxmi K:
Account No.: 54019396193
Bank: State Bank of India (SBI), Karkala Branch
IFSC: SBIN0005189
b. Respondent No. 4 in Writ Petition No. 24841/2026 is
presently staying with Respondent No. 5, and Respondent
No. 3 is presently staying at St. Joseph's Home for the
Aged for the Aged, situated at Polimar, Udupi District. It is
agreed between the parties that Respondent No. 3 shall be
shifted from the said old age home and shall reside along
with Respondent No. 4 under one roof. Respondent No. 5
has agreed to take care of both Respondent Nos. 3 and 4
during their lifetime.
c. In addition to the aforesaid payment of Rs. 7,500/- per
month, Petitioners Nos. 1 and 2 in Writ Petition No.
24841/2026 and respondent No.5 have agreed to bear the
medical expenses of Respondent Nos. 3 and 4 equally,
during their lifetime. It is agreed between the parties that
the medical expenses shall, in the first instance, be borne
and paid by Respondent No. 5, and copies of the medical
bills/invoices shall be sent by Respondent No. 5 to
Petitioner Nos. 1 and 2 through WhatsApp on or before the
5th day of every succeeding month. Petitioner Nos. 1 and 2
shall, within 5 days of receipt of such bills, reimburse their
respective one-third share of the said medical expenses to
Respondent No. 5, by remitting the same to her bank
account, the particulars of which are set out hereinbelow. It
is further agreed that, prior to obtaining or availing any
medical assistance or incurring any medical expenditure in
respect of Respondent Nos.3 and 4, prior intimation
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
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regarding the medical assistance required shall be given to
the Petitioners herein, except in cases of emergency
requiring immediate medical attention.
i. Bank Account Details of Respondent No.5:
Account No.: 110023864921
Name: Arathi
Bank: Canara Bank, Bajegoli Branch
IFSC: CNRB0010163
d. The Respondent No.4 in Writ Petition No.24841/2026 is
getting pension of Rs.50,000/- per month and it is agreed
between the parties that the said pension amount shall be
utilized by her for her requirements and personal needs
and no one shell have any claim whatsoever nature in
respect of the said pension amount.
e. All the previous medical documents and the Bank
Account details and other documents and personal
belongings of Respondent No.3 in Writ Petition
No.24841/2026 are handed over to Respondent No.5 and
no other documents are pending with Petitioner Nos. 1 and
2.
f. It is agreed between the parties that pursuant to the
filing of this Joint Memo, the Respondent Nos. 3 and 4 shall
stay together and they shall not make any accusations
against each other for trivial issues and they shall not
cause any problems or hindrance to the petitioners in Writ
Petition No.24841/2026 and vice versa. It is further agreed
between the parties that no further unnecessary cases can
be initiated by either of the parties before any Court of law
or the authorities.
g. In the event Petitioner Nos. 1 and 2, as the case may
be, fail or neglect to pay the monthly amount of Rs.
7,500/- each as agreed in Clause (a) above, or fail to bear
their respective share of the medical expenses as agreed in
Clause (c) above, within the stipulated time, or fail to remit
the same for a continuous period of two consecutive
months, it shall be open to Respondent Nos. 3, 4 and 5 to
bring such default to the notice of this Hon'ble Court by
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
CNR: KAHC010548392026
way of an appropriate application in the present
proceedings.
h . It is agreed between the parties that Respondent No. 5,
her family members, or any other person claiming through
or under Respondent No. 5, shall not obstruct or interfere
with the Petitioners' right to visit and meet their parents at
reasonable times, with prior intimation. It is further agreed
that Petitioner Nos. 1 and 2 shall not interfere with, quarrel
with, or cause any disturbance to Respondent Nos. 3, 4 & 5
or their family members during such visits and shall
maintain peace and harmony.
i. It is further agreed between the parties that the total
medical and related expenses incurred towards the medical
treatment, care and assistance of Ramakrishna Pillai, who
is Respondent No.3 herein, are as set out below:
SI.
Date / Period
Particulars
Amount
No.
1.
30.07.2026- KMC Manipal -
13.08.2026 Inpatient
hospitalization,
surgery and
treatment
₹2,48,874/-
2. 20.08.2026- KMC Manipal post-
operative
09.09.2026
medication,
pharmacy,
laboratory and
diagnostic expenses
₹11,634/-
3.
24.08.2026-
11.09.2026
A.V. Baliga Memorial
Hospital -Inpatient
treatment
₹38,158/-
4.
24.08.2026-
11.09.2026
Food, diet and
related daily care
expenses
₹7,212/-
Total
₹3,05,878/-
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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HC-KAR
NC: 2026:KHC:60172
WP No. 24841 of 2026
CNR: KAHC010548392026
j. It is further agreed between the parties that the aforesaid
total expenditure of ₹3,05,878/- (Rupees Three Lakhs Five
Thousand Eight Hundred and Seventy-Eight only) shall be
borne equally by the three parties, each party being liable to
contribute 1,01,959.33/- (Rupees One Lakh One Thousand
Nine Hundred and Fifty-Nine and Thirty-Three Paise only)
towards the said medical and related expenses. Accordingly,
the respective share of each party shall be treated as
₹1,01,959/- approximately, and the parties shall make
payment of their respective shares towards the said
expenditure to Respondent No 5, on or before the date of
submission of this Joint Memo before this Hon'ble Court.
k. It is further agreed between all the parties that, with a
view to restoring and maintaining cordial family relations, the
parties shall leave behind the past disputes, differences and
n
incidents and shall ot unnecessarily revive, refer to or rely
upon the same in a manner that may create further conflict,
misunderstanding or disturbance among the family members.
All the parties shall endeavor to maintain mutual respect,
peace, harmony and goodwill and work towards the well-
being, happiness and prosperity of the family as a whole,
while respecting the personal freedom, privacy, dignity and
independent decision-making of each individual and their
respective families.
l . In view of the settlement arrived between the parties in
W.P. No. 24841/2026, the connected W.P. No. 21751/2026 is
also required to be disposed of in terms of the settlement
arrived at in W.P. No. 24841/2026.
4. That the compromise entered between the parties is valid,
legal and the same is not opposed to any law. The above
compromise is entered between the parties out of their free
will and there is no force, threat, coercion and undue
influence in entering this compromise.
5. In view of the aforesaid compromise entered into between
the parties, the parties pray that this Hon'ble Court be
pleased to dispose of the above Writ Petitions in terms of this
Joint Memo in the interest of justice and equity.
WHEREFORE, the parties to the above Writ Petitions pray
that this Hon'ble Court may kindly be pleased to dispose of
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
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the above Writ Petitions in terms of this Joint Memo, in the
interest of justice and equity
4. Respondents no.3 and 4 are before this Court
through video conferencing. On enquiry, they submit
that earlier the petitioners were not looking after
them, that it was respondents no.5 and 6 who were
looking after their interests. Now that the petitioners
have come forward to look after their personal
requirements by making payment of a sum of
Rs.7,500/- each to respondents no.3 and 4 and to
bear the medical expenses equally with respondent
no.5 in terms of the above joint memo which has
been filed. They submit that they have agreed to the
same out of their own free will and volition and
express their hope that both the sons will look after
them since the daughter has already been looking
after them.
5. The counsel for the petitioners, on instruction from
the petitioners, submits that the amount of
Rs.7,500/- to be paid by each of the petitioners to
each of respondents no.4 and 5 would be paid from
August 2026 and their share of the medical expenses
have been handed over to the counsel for
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
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WP No. 24841 of 2026
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respondents no.3 to 6, which he acknowledges
receipt of.
6. Accepting the terms of the settlement as contained in
the joint memo, this Court passes the following:
ORDER
i) The order dated 12.01.2022 passed by respondent
No.2 stands modified in terms of the Joint memo
which has been filed.
ii) With the above observations, this petition stands
disposed in terms of the Joint memo .
Digitally Signed By:
SURAJ GOVINDA RAJ
02/11/2026, 13:42, Bengaluru
Verified
(SURAJ GOVINDARAJ)
JUDGE
PRS,KTY
List No.: 1 Sl No.: 0