IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.26103 OF 2020(K)
PETITIONER:
ALEX T. MATHEW
AGED 52 YEARS
SON OF LATE V.C. MATHEW, RESIDING AT VILLA NO. 8,
"SHELTERS HUMMOCK", MANGANAM P.O. KOTTAYAM 686 018.
BY ADVS.
SRI.B.ASHOK SHENOY
SRI.THOMAS P.MAKIL
SRI.P.S.GIREESH
SRI.RIYAL DEVASSY
RESPONDENTS:
1 THE PRESIDING OFFICER
MAINTENANCE TRIBUNAL, TALUK OFFICE BUILDING,
THIRUNAKKARA, KOTTAYAM 686 001.
2 EETHAMMA MATHEW,
AGED 80 YEARS
WIFE OF LATE V.C. MATHEW, VANIYAPURACKAL HOUSE,
MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
3 ANIL J MATHEW,
AGED 52 YEARS
SONOF LATE V.C. MATHEW, VANIYAPURACKAL HOUSE, MATTOM,
CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
4 TESSY ALLEN,
AGED 53 YEARS
WIFE OF LATE ALLEN T MATHEW, VANIYAPURACKAL HOUSE,
MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
5 ANVIN ALLEN,
AGED 31 YEARS
SONOF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
6 ANSON ALLEN,
AGED 29 YEARS
SON OF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
WP(C).No.26103 OF 2020(K)
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7 ARJUN ALLEN,
AGED 25 YEARS
SON OF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686
101.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26103 OF 2020(K)
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JUDGMENT
Dated this the 5th day of January 2021 The grievance of the petitioner who is the applicant in Ext.P4 application submitted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act before the authority is still pending before the first respondent without being disposed of. The petitioner laments that it causes great inconvenience to the petitioner. It is seen from the records that the application was filed on April 2019. It is unfortunate that it has not been disposed of even after the expiry of statutory time limit.
2. Considering the limited prayer sought by the petitioner and after hearing both sides, I am inclined to dispose of this writ petition with a direction to the first respondent to take up, consider, and dispose of Ext.P4 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this WP(C).No.26103 OF 2020(K) 4 judgment or from the date of completion of service whichever is latter.
Accordingly, the writ petition is disposed of.
Sd/-
SUNIL THOMAS JUDGE SKP/5-1 WP(C).No.26103 OF 2020(K) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF REGISTERED WILL NO. 110 OF 1997 OF CHANGANACHERRY SUB REGISTRY EXECUTED BY V.C. MATHEW, DATED 30.08.1997. EXHIBIT P2 TRUE COPY OF REGISTERED SETTLEMENT DEED NO.
1128 OF 2016 OF SUB REGISTRY OFFICE, CHANGANACHERRY, DATED 25.6.2016 EXECUTED BY PETITIONER AND 2ND RESPONDENT IN FAVOUR OF PETITIONERS ELDEST SON MATHEW ALEX. EXHIBIT P3 TRUE COPY OF REGISTERED SETTLEMENT DEED NO.
1129 OF 2016 OF SUB REGISTRY OFFICE, CHANGANACHERRY DATED 25.6.2016 EXECUTED BY PETITIONER AND 2ND RESPONDENT IN FAVOUR OF PETITIONERS WIFE. DEEPA ALEX.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 5.4.2019 FILED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF SUMMONS DATED 13.5.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER. EXHIBIT P6 TRUE COPY OF PETITION DATED 31.5.2019 IN CASE NO. RDOKTM/2042/2019-EI SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF COUNTER STATEMENT DATED 28.6.2019 SUBMITTED BY PETITIONER AND HIS WIFE BEFORE THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF APPLICATION DATED 20.9.2019 IN CASE NO. RDOKTM/2042/2019-E1 SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF PETITION DATED 3.11.2020 IN CASE NO. RDOKTM/2041/2019-EI SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT. RESPONDENTS'S EXHIBITS: NIL TRUE COPY P.A. TO JUDGE