Alex T. Mathew vs The Presiding Officer
2021 Latest Caselaw 172 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                      WP(C).No.26103 OF 2020(K)


PETITIONER:

               ALEX T. MATHEW
               AGED 52 YEARS
               SON OF LATE V.C. MATHEW, RESIDING AT VILLA NO. 8,
               "SHELTERS HUMMOCK", MANGANAM P.O. KOTTAYAM 686 018.

               BY ADVS.
               SRI.B.ASHOK SHENOY
               SRI.THOMAS P.MAKIL
               SRI.P.S.GIREESH
               SRI.RIYAL DEVASSY

RESPONDENTS:

      1        THE PRESIDING OFFICER
               MAINTENANCE TRIBUNAL, TALUK OFFICE BUILDING,
               THIRUNAKKARA, KOTTAYAM 686 001.

      2        EETHAMMA MATHEW,
               AGED 80 YEARS
               WIFE OF LATE V.C. MATHEW, VANIYAPURACKAL HOUSE,
               MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.

      3        ANIL J MATHEW,
               AGED 52 YEARS
               SONOF LATE V.C. MATHEW, VANIYAPURACKAL HOUSE, MATTOM,
               CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.

      4        TESSY ALLEN,
               AGED 53 YEARS
               WIFE OF LATE ALLEN T MATHEW, VANIYAPURACKAL HOUSE,
               MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.

      5        ANVIN ALLEN,
               AGED 31 YEARS
               SONOF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
               MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.

      6        ANSON ALLEN,
               AGED 29 YEARS
               SON OF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
               MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686 101.
 WP(C).No.26103 OF 2020(K)

                                2


      7      ARJUN ALLEN,
             AGED 25 YEARS
             SON OF LATE ALLEN J MATHEW, VANIYAPURACKAL HOUSE,
             MATTOM, CHANGANACHERRY P.O. CHANAGANACHERRY 686
             101.


OTHER PRESENT:

             SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26103 OF 2020(K)

                                     3




                              JUDGMENT

Dated this the 5th day of January 2021

The grievance of the petitioner who is the applicant in

Ext.P4 application submitted under the provisions of the

Maintenance and Welfare of Parents and Senior Citizens Act

before the authority is still pending before the first

respondent without being disposed of. The petitioner

laments that it causes great inconvenience to the

petitioner. It is seen from the records that the application

was filed on April 2019. It is unfortunate that it has not

been disposed of even after the expiry of statutory time

limit.

2. Considering the limited prayer sought by the

petitioner and after hearing both sides, I am inclined to

dispose of this writ petition with a direction to the first

respondent to take up, consider, and dispose of Ext.P4 as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a copy of this WP(C).No.26103 OF 2020(K)

judgment or from the date of completion of service

whichever is latter.

Accordingly, the writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/5-1 WP(C).No.26103 OF 2020(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF REGISTERED WILL NO. 110 OF 1997 OF CHANGANACHERRY SUB REGISTRY EXECUTED BY V.C. MATHEW, DATED 30.08.1997.

EXHIBIT P2 TRUE COPY OF REGISTERED SETTLEMENT DEED NO.

1128 OF 2016 OF SUB REGISTRY OFFICE, CHANGANACHERRY, DATED 25.6.2016 EXECUTED BY PETITIONER AND 2ND RESPONDENT IN FAVOUR OF PETITIONERS ELDEST SON MATHEW ALEX.

EXHIBIT P3 TRUE COPY OF REGISTERED SETTLEMENT DEED NO.

1129 OF 2016 OF SUB REGISTRY OFFICE, CHANGANACHERRY DATED 25.6.2016 EXECUTED BY PETITIONER AND 2ND RESPONDENT IN FAVOUR OF PETITIONERS WIFE. DEEPA ALEX.

EXHIBIT P4 TRUE COPY OF APPLICATION DATED 5.4.2019 FILED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF SUMMONS DATED 13.5.2019 ISSUED BY 1ST RESPONDENT TO PETITIONER.

EXHIBIT P6 TRUE COPY OF PETITION DATED 31.5.2019 IN CASE NO. RDOKTM/2042/2019-EI SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF COUNTER STATEMENT DATED 28.6.2019 SUBMITTED BY PETITIONER AND HIS WIFE BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF APPLICATION DATED 20.9.2019 IN CASE NO. RDOKTM/2042/2019-E1 SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF PETITION DATED 3.11.2020 IN CASE NO. RDOKTM/2041/2019-EI SUBMITTED BY 2ND RESPONDENT BEFORE 1ST RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE