Aysha Niyas vs The Maintenance And Welfare Of ...
2022 Latest Caselaw 962 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                         WP(C) NO. 2425 OF 2022
PETITIONERS:

     1       AYSHA NIYAS
             AGED 20 YEARS
             DAUGHTER OF NIYAS PANDIKASALA, NIYAS NIVAS, PETTA,
             CHANDHAKADAVU, FERAOKKE POST, KOZHIKODE
             KOZHIKODE, PIN - 673631

     2       FATHIMA NIYAS
             AGED 18 YEARS
             DAUGHTER OF NIYAS PANDIKASALA, NIYAS NIVAS, PETTA,
             CHANDHAKADAVU, FERAOKKE POST, KOZHIKODE, PIN - 673631

             BY ADV M.J.SANTHOSH



RESPONDENTS NO.1 TO 3/ PETITIONERS:

     1       THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZEN
             ACT TRIBUNAL REP. BY REVENUE DIVISIONAL OFFICER, CIVIL
             STATION P.O, KOZHIKODE,, PIN - 673020

     2       BHEERAN
             AGED 68 YEARS
             SON OF MUHAMMED, KARATTIYATTIL HOUSE, CHANDHAKADAVU,
             FARAKOE, KOZHIKODE., PIN - 673631

     3       SAIDHA
             AGED 57 YEARS
             WIFE OF BHEERAN, KARATTIYATTIL HOUSE, CHANDHAKADAVU,
             KOZHIKODE., PIN - 673631

             BY SR.GOVT.PLEADER:SRI.BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2
WP(C) NO. 2425 OF 2022




                              JUDGMENT

The petitioners challenge the very maintainability

of the proceedings before the Maintenance Tribunal. They

have been served with notices for appearance before the

Tribunal. It is open for the petitioners to make their

appearance before the Tribunal and file their

objections. If challenge is made against the

jurisdiction of the Tribunal, the same shall also be

considered. The personal appearance of the petitioners

shall be insisted only when it is indispensable.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C) NO. 2425 OF 2022

APPENDIX OF WP(C) 2425/2022 PETITIONER EXHIBITS

Exhibit1 THE TRUE COPY OF NOTICE RECEIVED BY THE 1ST PETITIONER

Exhibit2 THE TRUE COPY OF NOTICE RECEIVED BY THE 2ND PETITIONER

Exhibit3 THE TRUE COPY OF APPLICATION FILED BEFORE THE TRIBUNAL BY THE 2ND AND 3RD RESPONDENT

Exhibit4 THE TRUE COPY OF BIRTH CERTIFICATE OF 2ND PETITIONER

Exhibit5 THE COURSE CERTIFICATE OF 1ST PETITIONER

Exhibit6 THE COURSE CERTIFICATE OF 2ND PETITIONER

Exhibit7 THE TRUE COPY OF DEPOSITION OF 2ND RESPONDENT DATED 27/11/18 IN S.T.NO. 1781/2017

Exhibit8 THE TRUE COPY OF SALE DEED NO. 4904/2011 OF SRO FAROKE

Exhibit9 THE TRUE COPY OF SETTLEMENT DEED NO. 1743/2017 OF SRO FAROKE

Exhibit10 THE TRUE COPY OF SALE DEED NO. 57/1/2013 OF SRO WEST-HILL

Exhibit11 THE TRUE COPY OF SETTLEMENT DEED NO. 1278/2017 OF WEST-HILL

Exhibit12 THE TRUE COPY OF SALE DEED NO. 2586/1/2010 OF SRO FAROKE

Exhibit13 THE TRUE COPY OF SETTLEMENT DEED NO. 1742/2017 OF SRO FAROKE

WP(C) NO. 2425 OF 2022