Citation : 2021 Latest Caselaw 6049 Ker
Judgement Date : 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.4310 OF 2021(K)
PETITIONER/S:
RATHNAVALLY P.G.,
AGED 84 YEARS
W/O. RAMACHANDRA PANICKER, ATTUMALIYIL HOUSE,
K.S.MOOSA ROAD, WARD NO.3, KODAMTHURUTH GRAMA
PANCHAYAT, EZHUPUNNA SOUTH P.O, CHERTHALA,
ALAPPUZHA DISTRICT-688 537.
BY ADVS.
SRI.K.B.DAYAL
SMT.GOPIKA.N.NAIR
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISIONAL OFFICE, OPPOSITE DISTRICT COURT
COMPLEX, ALAPPUZHA-688 013.
2 USHA
AGED 56 YEARS
W/O. SURESHBABU, VATHISSERRIL, PERUMTHURUTH DESOM,
MUHAMMA P.O., THANNEERMUKKAM THEKKU VILLAGE,
CHERTHALA TALUK, ALAPPUZHA DISTRICT-688 525.
3 JYOTHI JAIN
AGED 48 YEARS
W/O. JAIN, THOKALOTH HOUSE, THAMMANAM, EDAPPALLY
THEKKU VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT-682 032.
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4310 OF 2021(K)
2
JUDGMENT
The petitioner is a senior citizen aged 84 years
suffering from various ailments. Petitioner invoking the
provisions under the Maintenance and Welfare of
Parents and Senior Citizens Act, 2007, filed Ext.P2
application before the first respondent on 12.10.2020.
The grievance of the petitioner is that, in spite of the
pendency of the matter since the date of filing, no
orders have been passed, even after the expiry of the
statutory period for disposal.
2. Considering the nature of claim laid by the
petitioner, I do not feel it appropriate to issue notice to
the respondents 2 and 3 to appear before this court.
Considering the limited prayer sought by the petitioner,
I am inclined to dispose of the Writ Petition itself,
directing the first respondent to take up the application
filed by the petitioner as Ext.P2, as expeditiously as
possible, at any rate, within a period of two months WP(C).No.4310 OF 2021(K)
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. If the service is not
complete on respondents 2 and 3, the authority shall
take every endevour to ensure that service is
completed as expeditiously as possible.
Writ Petition is disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV WP(C).No.4310 OF 2021(K)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOSTAT COPY OF THE SETTLEMENT DEED NO.1953/2019 DATED 27.12.2019 OF SRO, KUTHIATHODE.
EXHIBIT P2 PHOTOSTAT COPY OF PETITION NO.E-
6070/2020 FILED BY THE PETITIONER BEFORE THE LEARNED IST RESPONDENT UNDER SECTIONS 4,5 AND 23 OF THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007, FOR SETTING ASIDE EXHIBIT P1 SETTLEMENT DEED AND FOR MAINTENANCE.
RESPONDENT'S/S EXHIBITS NIL
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