Gopinathan Pillai vs 1. The Tribunal Constituted Under ...
2023 Latest Caselaw 4954 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                    WP(C) NO. 13545 OF 2023
PETITIONER:

            GOPINATHAN PILLAI,
            AGED 71 YEARS
            S/O PADMANABHAN PILLAI, RESIDING AT GIRISH BHAVANAM,
            PUTHUKKATTU MURI, PUTHUKKATTU VILLAGE, KARUNAGAPPALLY
            TALUK, KOLLAM DISTRICT, PIN - 691585.

            BY ADV A.JANI(KOLLAM)

RESPONDENTS:

    1       THE TRIBUNAL CONSTITUTED UNDER MAINTENANCE AND WELFARE
            OF PARENTS AND SENIOR CITIZENS ACT 2007,
            THE REVENUE DIVISIONAL OFFICER, COLLECTORATE, KOLLAM,
            PIN - 691013.

    2       GIRISH KUMAR. G,
            AGED 42 YEARS
            S/O GOPINATHA PILLAI, RESIDING AT GIRISH BHAVANAM,
            PUTHUKKATTU MURI, PUTHUKKATTU VILLAGE, KARUNAGAPPALLY
            TALUK, KOLLAM DISTRICT, PIN - 691585.

            SMT.AMMINIKUTTY, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 13545 of 2023            2




                                 JUDGMENT

The petitioner is a parent and a senior citizen. The 2nd respondent is

the son of the petitioner. He states that he has preferred Ext.P2 complaint

invoking Section 23 of the Maintenance and Welfare of Parents and Senior

Citizens Act, 2007, to set aside Document No.2051/2013 of Chavara SRO

executed by the petitioner in favor of the 2nd respondent. The grievance of

the petitioner is that though the petition was filed on 03.12.2022, no orders

have been passed to date. His limited request is for expeditious disposal of

Ext.P2 application.

2. Heard Sri. Jani A, the learned counsel appearing for the

petitioner, and Smt. Amminikutty, the learned Senior Government Pleader. In

view of the order that I propose to pass, notice to the 2nd respondent is

dispensed with.

3. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to

expedite Ext.P2 proceedings and take it to its logical

conclusion with notice to all concerned within a period of

two months from the date of production of a copy of this

judgment.

b) It would be open to the petitioner to produce a copy of

the writ petition along with the judgment before the 1st

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 13545/2023

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF SETTLEMENT DEED NO 2051 EXECUTED BY THE PETITIONER AND HIS WIFE DATED 17/06/2013 OF CHAVARA S.R.O.

Exhibit P2 A TRUE COPY OF COMPLAINT FILED BY THE PETITIONER IN FILE NO RDOKLM/3272022/C TO THE 1ST RESPONDENT DATED 03/12/2022.

Exhibit P3 A TRUE COPY OF REPORT SUBMITTED BY THE VILLAGE OFFICER TO THE 1ST RESPONDENT DATED 23/01/2023.

RESPONDENTS EXHIBITS : NIL