Aysha B.K vs Union Territory Of Lakshadweep
2021 Latest Caselaw 6444 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                    WP(C).No.4599 OF 2021(Y)


PETITIONER/S:

            AYSHA B.K.
            AGED 78 YEARS
            D/O. MOOSA, BAMBUKEPUGEGOTHI, FALISSERRY VILLAGE,
            MINICOY ISLAND, UNION TERRITORY OF LAKSHADWEEP,
            PIN-682559

            BY ADVS.
            SRI.A.A.ZIYAD RAHMAN
            SRI.LAL K.JOSEPH
            SRI.SURESH SUKUMAR
            SHRI.KOYA ARAFA MIRAGE
            SHRI.CHACKO MATHEWS K.

RESPONDENT/S:

      1     UNION TERRITORY OF LAKSHADWEEP
            REPRESENTED BY THE ADMINISTRATOR, OFFICE OF THE
            ADMINISTRATOR, KAVARATTI, LAKSHADWEEP, PIN-682 555

      2     THE DEPUTY COLLECTOR AND TRIBUNAL,
            CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF
            PARENTS AND SENIOR CITIZENS ACT, 2007, MINICOY
            ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN-682 559

      3     AMINA B.K, AGED 67, D/O. AISHA B.K, BAMBUKEPUGEGOTHI,
            FALLISSERY VILLAGE, MINICOY ISLAND, UNION TERRITORY
            OF LAKSHADWEEP, PIN-682 559

      4     HAVVA B.K, AGED 57, D/O. AISHA B.K, BAMBUKEPUGEGOTHI,
            FALLISSERY VILLAGE, MINICOY ISLAND, UNION TERRITORY
            OF LAKSHADWEEP, PIN-682 559

      5     ISMAIL B.K,
            AGED 50, D/O. AISHA B.K, BAMBUKEPUGEGOTHI,
            FALLISSERY VILLAGE, MINICOY ISLAND, UNION TERRITORY
            OF LAKSHADWEEP, PIN-682 559

            SRI.MANU.S, SCGC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4599 OF 2021(Y)
                                   2




                            JUDGMENT

The petitioner is aged about 78 years, who

approached the second respondent seeking relief under

the provisions of Section 23 of the Maintenance and

Welfare of Parents and Senior Citizens Act, 2007. The

application was filed in February 2020. The grievance of

the petitioner is that, in spite of the long delay and not

withstanding the statutory time limit prescribed by the

authority, even now the matter has not been disposed of.

The petitioner has a case that since there was no lock

down in Lakshadweep, during the pandemic, the work of

the administration was not affected.

2. The learned standing counsel for the

Lakshadweep administration appeared and sought time

for instructions. The learned counsel also opposed the

request made in the application. However, considering

the grievance of the petitioner and also the limited

prayer sought by the petitioner, I feel that the Writ WP(C).No.4599 OF 2021(Y)

Petition itself can be disposed of at a threshold, since a

direction for early disposal can only enure to the benefit

of all concerned. Accordingly, I am inclined to dispose of

the Writ Petition with a direction to the second

respondent to take up Ext.P3 application and to dispose

it of as expeditiously as possible, at any rate, 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, which ever is later.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C).No.4599 OF 2021(Y)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DOCUMENT NO.

97/2011 OF SUB REGISTRAR'S OFFICE MINICOY DATED SEPTEMBER, 2011.

EXHIBIT P2 TRUE COPY OF THE DOCUMENT BEARING NO. 84/2017-B1 DATED 28.06.2017 OF SUB REGISTRAR'S OFFICE, MINICOY.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 17.02.2020 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT TRIBUNAL.

EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 22.10.2020 ISSUED BY THE 2ND RESPONDENT.

   RESPONDENT'S/S EXHIBITS            NIL