Abdul Hameed vs State Of Kerala
2021 Latest Caselaw 9042 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942

                    WP(C).No.7075 OF 2021(H)


PETITIONER/S:

      1     ABDUL HAMEED, AGED 68 YEARS
            THAYYIL VADAKKETHIL HOUSE, KEERIKKADU VILLAGE,
            KANNAMPILLY BHAGAM AND MURI, KAYAMKULAM P.O.,
            KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT, PIN-690
            502.

      2     AMKNA BEEVI, AGED 62 YEARS
            W/O.ABDUL HAMEED, THAYYIL VADAKKETHIL HOUSE,
            KEERIKKADU VILLAGE, KANNAMPILLY BHAGAM AND MURI,
            KAYAMKULAM P.O., KARTHIKAPALLY TALUK, ALAPPUZHA
            DISTRICT, PIN-690 502.

            BY ADVS.
            SRI.VARGHESE C.KURIAKOSE
            SRI.P.J.JOSE

RESPONDENT/S:

      1     STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,
            SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2     THE MAINTENANCE TRIBUNAL,
            (CONSTITUTED UNDER THE MAINTENANCE AND WELFARE OF
            PARENTS AND SENIOR CITIZENS ACT), THE REVENUE
            DIVISIONAL OFFICER AND SUB DIVISIONAL MAGISTRATE,
            REVENUE DIVISIONAL OFFICE, SH-10, MAVELIKKARA
            KOZHENCHERY ROAD, CHENGANNUR-689 121.

      3     RIYAS, AGED 44 YEARS
            S/O.ABDUL HAMEED, KOCHUTHEKKETHIL HOUSE,
            KANNAMPILLY BHAGAM AND MURI, KEERIKKADU VILLAGE,
            KAYAMKULAM P.O., ALAPPUZHA DISTRICT-690 502.

      4     HASEENA BAHI, W/O.HAMEED, AGED ABOUT 41 YEARS,
            KOCHUTHEKKETHIL HOUSE, KANNAMPILLY BHAGAM AND
            MURI, KEERIKKADU VILLAGE, KAYAMKULAM P.O.,
            ALAPPUZHA DISTRICT-690 502.

              SRI.K.P.HARISH(SR.GP)
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7075 OF 2021(H)
                                         2




                              JUDGMENT

The petitioners who are senior citizens aged 68 and

62 years respectively are aggrieved by the conduct of the

third respondent and his wife, who is the fourth

respondent. Dispute relates to the residential building.

The petitioners invoking Section 19 of the Maintenance

and Welfare of Parents and Senior Citizens Act, 2007, laid

Ext.P2 application before the second respondent. The

grievance of the petitioner is that Ex.P2 has not been

taken up and orders passed, in spite of considerable delay.

2. Having considered the limited prayer sought by

the petitioners, I am inclined to dispose of the Writ Petition

at the threshold itself, by directing the second respondent

to take up Ext.P2, if the application is found to be in order

and thereafter to dispose of Ext.P2 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 on the respondents, WP(C).No.7075 OF 2021(H)

whichever is later.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.7075 OF 2021(H)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE SETTLEMENT DEED NO.711/2015 OF SRO, KARIYILAKULANGARA DATED 25.05.2015.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE APPLICATION BEFORE THE 2ND RESPONDENT TRIBUNAL DATED 20.02.2021.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE RECEIPT (FILED NO.I-1051/2021) FROM THE OFFICE OF THE 2ND RESPONDENT DATED 22.02.2021.

   RESPONDENT'S/S EXHIBITS             NIL