Mr N.Krishnan Nair vs The Maintenance Tribunal And Sub ...
2022 Latest Caselaw 10493 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                       WP(C) NO. 31656 OF 2022
PETITIONER/S:

    1          MR N.KRISHNAN NAIR, AGED 76 YEARS
               S/O LATE NARAYANAN NAIR, 'KRISHNAVILASAM',
               SOORANADU SOUTH, KOLLAM.
               , PIN - 690522
    2          MRS CHELLAMMAYAMMA, AGED 67 YEARS
               W/O N.KRISHNAN NAIR, 'KRISHNAVILASAM',
               SOORANADU SOUTH, KOLLAM
               , PIN - 690522
               BY ADV T.R.RAJAN


RESPONDENT/S:
    1    THE MAINTENANCE TRIBUNAL AND SUB DIVISIONAL
         MAGISTRATE COURT,
         CIVIL STATION, KOLLAM , PIN - 691013
    2    MINI , AGED 48 YEARS, W/O RAJAN,
         'KRISHNAVILASAM',
         SOORANADU SOUTH, KOLLAM, PIN - 690522
    3    RAJAN . AGED 58 YEARS, S/O RAMAKRISHNAN,
         'KRISHNAVILASAM',
         SOORANADU SOUTH, KOLLAM
         , PIN - 690522
OTHER PRESENT:

               SR GP V.K. SUNIL
        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   07.10.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 31656 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 31656 of 2022
                       =============================================================

                   Dated this the 7th day of October, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to take appropriate action upon Exhibit P1 petition within a time limit to be fixed by this Hon'ble Court after affording an opportunity of being heard to the petitioners and 2nd and 3rd respondents.

(ii) dispense with the production of the English translation of the vernacular documents.

(iii) issue any other writ, order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case." (sic)

2. When this writ petition came up for consideration,

the counsel for the petitioners submitted that the petitioners will

be satisfied if a direction is issued to the 1st respondent Tribunal

to expedite Ext.P1 petition filed by the petitioners.

W.P.(C). No. 31656 of 2022

3. Heard the counsel for the petitioners and the

Government Pleader. No notice is necessary to respondents 2

and 3 at this stage. If they are aggrieved by the orders passed

by this Court, they are free to file review petition before this

Court.

4. After hearing the petitioners and the Government

Pleader, I think the prayer of the petitioners can be allowed.

Therefore, this writ petition is disposed directing the 1st

respondent to consider and pass appropriate orders in Ext.P1,

after giving an opportunity of hearing to the petitioners and

respondents 2 and 3, as expeditiously as possible, at any rate,

within two months from the date of receipt of a copy of this

judgment.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 31656 of 2022

APPENDIX OF WP(C) 31656/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PETITION IN C/1196/2021 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 13 6 2022 PASSED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE OUT PATIENT RECORD DATED 10/6/2021 ISSUED BY THE TALUK HEADQUARTERS HOSPITAL SASTHAMCOTTA AS REGARDS THE 1ST PETITIONER Exhibit P4 TRUE COPY OF THE OUT PATIENT RECORD DATED 10/6/2021 ISSUED BY THE TALUK HEADQUARTERS HOSPITAL SASTHAMCOTTA AS REGARDS THE 2ND PETITIONER