Mrs. Ameera M vs The Maintenance Tribunal, Kozhikode

Kerala High Court

Mrs. Ameera M vs The Maintenance Tribunal, Kozhikode on 22 May, 2024

Author: N. Nagaresh

Bench: N.Nagaresh

WP(C) No.18370/2024                     1/3                       Order Date : 22-05-2024

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR.JUSTICE N.NAGARESH
             Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                             WP(C) NO. 18370 OF 2024
   PETITIONERS:

      1. MRS. AMEERA M., AGED 33 YEARS, D/O. M. ABDURAHIMAN KUTTY, HAVING
         PERMANENT ADDRESS AT FLAT NO. 7B "SKYLINE GARNET"APARTMENTS, K.T.
         GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673 016, REPRESENTED
         BY THEIR POWER OF ATTORNEY HOLDER MRS. SABARIYA, AGED 55 YEARS, D/O.
         LATE K. M. ALI, RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS,
         K.T. GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016
      2. MR. DANISH M. AGED 30 YEARS, S/O. M. ABDURAHIMAN KUTTY, HAVING
         PERMANENT ADDRESS AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS, K.T.
         GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673 016, REPRESENTED
         BY THEIR POWER OF ATTORNEY HOLDER MRS. SABARIYA, AGED 55 YEARS, D/O.
         LATE K. M. ALI, RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS,
         K.T. GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016
      3. MRS. SABARIYA, AGED 55 YEARS, D/O. LATE K. M. ALI, RESIDING AT FLAT
         NO. 7B "SKYLINE, GARNET" APARTMENTS, K.T. GOPALAN ROAD, KOTTOOLI
         P.O., KOZHIKODE, PIN - 673016

   RESPONDENTS:

      1. THE MAINTENANCE TRIBUNAL, KOZHIKODE REPRESENTED BY ITS PRESIDING
         OFFICER SUBCOLLECTOR/RDO, CIVIL STATION P.O., MALAPARAMBA, KOZHIKODE
         DISTRICT, PIN - 673020
      2. MR. M. ABDURAHIMAN KUTTY, AGED 64 YEARS, S/O. LATE ABUBACKER,
         RESIDING AT MOODANTHARMEL, HOUSE, KARUVANTHRURUTHI P.O., KOZHIKODE
         DISTRICT, PIN - 673631
      3. MRS. SATHIANOOR M. AGED 36 YEARS, D/O. M. ABDURAHIMAN KUTTY,
         RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS, K.T. GOPALAN
         ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to stay all further proceedings in or pursuant to exhibit-p2 order
   in proceeding No. n2/217/2023 of the Hon'ble maintenance tribunal,
   Kozhikode including any penal as well as coercive action proposed to be
   taken in pursuance of Exhibit-P8, till the final disposal of this writ
   petition on merit.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.SUDEEP ARAVIND PANICKER, A.S.DILEEP, P.BINOD, K.Y.SUDHEENDRAN, SUSEELA
   DILEEP & K.N.HARISHANKAR, Advocates for the petitioners, the court passed
   the following:
 WP(C) No.18370/2024                              2/3                               Order Date : 22-05-2024




                                         N. NAGARESH, J.
                                        ----------------------------
                                    W.P. (C) No.18370 of 2024
                             --------------------------------------------------
                               Dated this the 22nd day of May, 2024

                                              ORDER

Admit. Government Pleader takes notice for the 1 st respondent. Issue urgent notice by Speed Post to respondents 2 and 3.

2. There will be an interim order staying the operation of Ext.P8 for a period of one month.

Post on 21.06.2024.

Sd/-

N. NAGARESH JUDGE AMR WP(C) No.18370/2024 3/3 Order Date : 22-05-2024 APPENDIX OF WP(C) 18370/2024 Exhibit-P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 22/12/2022 EXECUTED BY THE 1ST AND 2ND PETITIONERS IN FAVOUR OF THE 3RD PETITIONER Exhibit-P2 TRUE COPY OF THE FINAL ORDER DATED 06/12/2023 ISSUED BY THE 1ST RESPONDENT IN PROCEEDING NO. N2/217/2023 Exhibit-P3 TRUE COPY OF THE INTERIM ORDER DATED 27/04/2023 PASSED BY THE 1ST RESPONDENT IN PROCEEDING NO. N2/217/2023 ALONG WITH OTHER ENCLOSURES Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 18/09/2023 OF THIS HON'BLE COURT IN W.P.(C) 10669 OF 2023 Exhibit-P5 TRUE COPY OF M.C. 391 OF 2022 FILED BY THE 2ND RESPONDENT BEFORE THE FAMILY COURT, KOZHIKODE Exhibit-P6 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY PETITIONERS AGAINST EXHIBIT-P2 BEFORE THE APPELLATE AUTHORITY AND DISTRICT COLLECTOR, KOZHIKODE Exhibit-P7 TRUE COPY OF THE ORDER DATED 13/03/2024 OF THE APPELLATE AUTHORITY UNDER MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 PASSED IN APPEAL NO. 1258/2024-G8 Exhibit-P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 07/05/2024