Nabeesa vs The Maintenance Tribunal
2021 Latest Caselaw 16310 Ker

W.P(C).15601/2021
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               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 15601 OF 2021
PETITIONER/S:

             NABEESA, AGED 64 YEARS
             W/O.LATE ABDUL RAHIMAN, NELLIPARAMBIL VEEDU,
             MARAMPILLI VILLAGE, MUDIKKAL P O, KUNNATHUNADU TALUK,
             ERNAKULAM 683547
w




             BY ADVS.
             R.DIVAKARAN
             P.SAJEEV



RESPONDENT/S:

             THE MAINTENANCE TRIBUNAL
             MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
             CITIZENS ACT, OFFICE OF THE REVENUE DIVISIONAL
             OFFICER, MINI CIVIL STATION, MUVATTUPUZHA REPRESENTED
             BY PRESIDING OFFICER

             DISTRICT MAGISTRATE/DISTRICT COLLECTOR, CIVIL
             STATION, KAKKANADU, ERNAKULAM 682030

             JASMIN, W/O.MOIDEEN PAREED, AGED 45 YEARS, KUDATHINAL
             VEEDU, MARAMPILLI VILLAGE, MUDIKKAL P O, KUNNATHUNADU
             TALUK, ERNAKULAM 683547

             MOIDEEN PAREED, S/O.PAREED, AGED 47 YEARS, KUDATHINAL
             VEEDU, MARAMPILLI VILLAGE, MUDIKKAL P O, KUNNATHUNADU
             TALUK, ERNAKULAM 683547

             SR.GP: ADV. V K SUNIL


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).15601/2021
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                               JUDGMENT

Petitioner herein had filed Ext.P3 application before the

Maintenance Tribunal which is the first respondent, constituted under

the Maintenance and Welfare of Parents and Senior Citizens Act. The

grievance of the petitioner is that, though an application was filed in

December 2020, the matter has not been taken up and it has not

reached its logical conclusion. The limited prayer sought by the

petitioner is for a direction to the first respondent to expedite the

disposal of Ext.P3.

2. After hearing the learned counsel for the petitioner and the

learned Senior Government Pleader, I am inclined to dispose of the Writ

Petition itself without issuing notice to the party respondents by

directing the first respondent to take up Ext.P3 application as

expeditiously as possible and to dispose it of on merits, after giving a

reasonable opportunity to both sides to be heard within a period of two

months from the date of receipt of a copy of this judgment or from the

date of completion of service on the respondents, whichever is later.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).15601/2021

APPENDIX

PETITIONERS EXHIBITS:

EXHIBIT P1 : TRUE COPY OF THE SALE DEED NO.1253/14 OF SRO, PERUMBAVOOR

EXHIBIT P2 : TRUE COPY OF THE SETTLEMENT DEED NO.2536/2015 OF SRO, PERUMBAVOOR

EXHIBIT P3 : TRUE COPY OF THE APPLICATION DATED 24.12.2020 TO THE 1st RESPONDENT

EXHIBIT P4 : TRUE COPY OF THE NOTICE ISSUED BY TEH 1st RESPONDENT TO TEH PETITIONER DATED 04.01.2021

EXHIBIT P5 : TRUE COPY OF THE PETITION BEFORE TEH 2nd RESPONDENT DATED 21.06.2021