P.A.Joseph vs Revenue Divisional Officer
2022 Latest Caselaw 3489 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                             WP(C) NO. 29975 OF 2021
PETITIONER:

              P.A.JOSEPH
              AGED 43 YEARS
              S/O.P.V.AUGUSTINE, PARAPPILLIL HOUSE, INDIRA NAGAR,
              KADAVANTHARA P.O., ERNAKULAM, PIN - 682 020.

              BY ADVS.
              P.K.SREEVALSAKRISHNAN
              K.R.PRATHISH


RESPONDENTS:

     1        REVENUE DIVISIONAL OFFICER
              REVENUE DIVISIONAL OFFICE, FORT KOCHI P.O., ERNAKULAM, PIN
              - 682 001.

     2        THRESYA MARGRATE @ BABY AUGUSTINE
              AGED 69 YEARS
              W/O.P.V.AUGUSTINE, PARAPPILLIL HOUSE, INDIRA NAGAR,
              KADAVANTHARA P.O., ERNAKULAM, PIN - 68202.

     3        P.A.VARGHESE
              S/O.P.V.AUGUSTINE, PARAPPILLIL HOUSE, INDIRA NAGAR,
              KADAVANTHARA P.O., ERNAKULAM, PIN - 682 020.

     4        P.A.AUGUSTINE
              S/O.P.V.AUGUSTINE, PARAPPILLIL HOUSE, INDIRA NAGAR,
              KADAVANTHARA P.O., ERNAKULAM, PIN- 682 020.

              BY ADV M.N.MATHEW

              SR.G.P. SMT. RESMI.K.M




     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
             = = = = = = = = = = = = = = = = = =
                   W.P.(C) No.29975 of 2021
             = = = = = = = = = = = = = = = = = =
            Dated this the 22nd day of March, 2022

                         J U D G M E N T

Petitioner and respondents 3 and 4 are the children

of the second respondent (mother). The mother is

residing with the petitioner. She filed Ext.P2 complaint

before the first respondent Maintenance Tribunal for

ensuring her peaceful residence. On the application, the

Tribunal passed Ext.P7 interim order. The grievance of

the petitioner is regarding the first direction in the

order requiring the petitioner to shift his residence to

the upper floor of the building, on providing a

staircase through the exterior.

2. Heard the learned counsel for the petitioner and

the learned counsel for respondents 2 and 3 and the

learned Government Pleader.

W.P.(C) No.29975 of 2021

3. According to the petitioner, the hearing was

conducted on the very date fixed for appearance of the

parties before the Tribunal, that there was no effective

hearing nor was the petitioner able to place his

objections properly before the Tribunal.

4. Ext.P7 is only an interim order in the main

proceeding. The grievance of the petitioner, is with

regard to direction No.1 therein. The said order has

practically the effect of a final order in the

proceeding. I do not consider it appropriate to grant

such an order as an interim relief. That apart, the very

sustainability of such a relief before the Maintenance

Tribunal is a matter to be considered while disposing of

the petition.

5. It would be sufficient if the Tribunal disposes

of the proceedings finally without delay after hearing

the parties. The directions in Ext.P7 order except W.P.(C) No.29975 of 2021

direction No.1 can be maintained.

Accordingly the writ petition is allowed. Direction

No.1 in Ext.P7 order is set aside. The Tribunal shall

dispose of Ext.P2 petition with due notice to both sides

and after affording an opportunity of hearing to the

parties, as expeditiously as possible and at any rate

within a period of three months from the date of receipt

of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 29975/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE AGREEMENT DATED 27/09/2018 BETWEEN THE 2ND RESPONDENT AND HER CHILDREN.

Exhibit P2 TRUE COPY OF THE COMPLAINT NO.448159/2021/T GIVEN BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE APPLICATION DATED 20/11/2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE RECEIPT NO.04815 ISSUED BY THE 1ST RESPONDENT TO PETITIONER DATED 20/11/2021.

Exhibit P5 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 02/12/2021.

Exhibit P6 TRUE COPY OF THE RECEIPT NO.04848 ISSUED BY THE 1ST RESPONDENT TO PETITIONER DATED 02/12/21.

Exhibit P7 TRUE COPY OF THE ORDER DATED 30/11/2021 ISSUED BY THE 1ST RESPONDENT IN EXT.P2 COMPLAINT.

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