P.P. Saajitha vs Jameela P.P
2021 Latest Caselaw 5593 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942

                    WP(C).No.3794 OF 2021(Y)


PETITIONER/S:

            P.P. SAAJITHA,
            AGED 37 YEARS
            D/O.JAMEELA, RESIDING AT PUTHIYAPURAYIL HOUSE,
            NEAR RAHMANIA MASJID, ATHAYAKUNNU, P.O.KOTTALI,
            KANNUR-670005.

            BY ADV. SRI.C.K.SREEJITH

RESPONDENT/S:

      1     JAMEELA P.P.
            AGED 70 YEARS
            W/O.LATE MOIDEEN, RESIDING AT PUTHIYAPURAYIL HOUSE,
            NEAR RAHMANIA MASJID, ATHAYAKUNNU, P.O.KOTTALI,
            KANNUR-670005.

      2     MAINTENANCE TRIBUNAL FOR MAINTENANCE AND WELFARE
            OF PARENTS AND SENIOR CITIZEN ACT/REVENUE
            DIVISIONAL OFFICER, TALIPARAMBA, KANNUR-670141.

      3     THE DISTRICT MAGISTRATE,
            KANNUR DISTRICT, P.O.CIVIL STATION, KANNUR-670002.

      4     THE DISTRICT COLLECTOR,
            KANNUR-670001.




            SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3794 OF 2021(Y)
                                2




                         JUDGMENT

The petitioner is the daughter of respondent in

MCC No.202 of 2017 pending before the RDO Court,

Taliparamba. An order was passed, which was sought to

be reviewed by filing Ext.P3. The petitioner has

approached this court contending that the above

application has not been taken up and disposed of.

However, the apprehension is that coercive steps are

being taken to implement the order .

2. Having heard the learned counsel for the

petitioner and the learned senior Government Pleader, I

feel that the Writ Petition itself can be disposed of with

a direction that the RDO, Taliparamba, who is the

second respondent shall take up Ext.P3 application, if it

is not disposed of earlier, after giving a reasonable

opportunity to both sides to contest the proceedings,

dispose of the application as expeditiously as possible,

at any rate, within a period of two months from today WP(C).No.3794 OF 2021(Y)

or from the date of completion of service, if the service

is not complete. If the service is not complete on the

opposite side in the review petition, the RDO,

Taliparamba shall take effective steps to complete the

service and shall dispose it of within a period of two

months thereafter in accordance with law. The coercive

steps pursuant to the maintenance order will stand

deferred during the above period.

Communicate a copy of this judgment urgently to

the second respondent.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.3794 OF 2021(Y)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE ORDER PASSED BY THE MCC.NO.202/2017 DATED 06.02.2020.

EXHIBIT P2 THE TRUE COPY OF THE NOTICE ISSUED IN MCC.NO.13/2020 DATED 02.11.2020.

EXHIBIT P3 THE TRUE COPY OF THE PETITION FILED FOR SETTING ASIDE THE EXPARTE ORDER.

EXHIBIT P4 THE TRUE COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR DATED 05.11.2020.

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.26761/2020 ON THE FILE OF HON'BLE HIGH COURT OF KERALA, ERNAKULAM DATED 03.12.2020.

   RESPONDENT'S/S EXHIBITS            NIL