V.G.Manoj vs Maintenance Tribunal And Sub ...
2021 Latest Caselaw 1279 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                    WP(C).No.21694 OF 2019(J)


PETITIONER/S:

             V.G.MANOJ
             AGED 45 YEARS
             S/O.VENUGOPALAN NAIR, VRINDAAVANAM HOUSE,
             MYNAGAPPALLY.P.O., KARUNAGAPPALLY,
             KOLLAM DISTRICT-690519.

             BY ADV. SRI.ARUN MATHEW VADAKKAN

RESPONDENT/S:

      1      MAINTENANCE TRIBUNAL AND SUB DIVISIONAL
             MAGISTRATE, KOLLAM, KOLLAM DISTRICT-691013.

      2      VENUGOPALAN NAIR,
             AGED 70 YEARS, VRINDAAVANAM HOUSE,
             MYNAGAPPALLY.P.O., KARUNAGAPPALLY,
             KOLLAM DISTRICT-690519.

      3      SANTHAMMA,
             AGED 62 YEARS, W/O.VENUGOPALAN NAIR,
             VRINDAAVANAM HOUSE, MYNAGAPPALLY.P.O.,
             KARUNAGAPPALLY, KOLLAM DISTRICT-690519.

             R2-3 BY ADV. SMT.N.P.ASHA
             R1 SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21694 OF 2019(J)
                                  2



                            JUDGMENT

The petitioner has come up challenging the interim

order granted by the Tribunal, under the Maintenance and

Welfare of Parents and Senior Citizens Act, dated

13.06.2019. The petitioner who was the respondent

before the Tribunal was directed not to cause any

inconvenience or physical or mental harassment to the

applicant before the Tribunal. It was also directed that in

case it was not complied, the SHO, Mynagappally Police

Station, will be entitled to take appropriate action on the

complaint. No interim stay was granted by this court and

this situation has been pending since 08.08.2019, when

the matter initially came up for admission. Respondents 1

and 2 have appeared.

2. After hearing both sides, I find that no

interference is called for in the impugned order, which is an

interim arrangement. I feel that the interest of justice will

be satisfied by directing the Tribunal to take up the WP(C).No.21694 OF 2019(J)

application leading to Ext.P1, and to dispose it of in

accordance with law, as expeditiously as possible, at any

rate, within a period of three months from the date of

receipt of a copy of this judgment, after giving

reasonable opportunity to both sides. Interim order will

continue till the final orders are passed.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.21694 OF 2019(J)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE MAINTENANCE TRIBUNAL AND SUB DIVISIONAL MAGISTRATE, KOLLAM.

   RESPONDENT'S/S EXHIBITS    NIL