Kandoth Nallakandi Sathyabhama vs Nisha.P.T
2023 Latest Caselaw 8465 Ker

Citation : 2023 Latest Caselaw 8465 Ker
Judgement Date : 7 August, 2023

Kerala High Court

Kandoth Nallakandi Sathyabhama vs Nisha.P.T on 7 August, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                              &
            THE HONOURABLE MR.JUSTICE V.G.ARUN
  MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                      WA NO. 168 OF 2023
 AGAINST THE JUDGMENT IN WP(C) 19595/2022 OF HIGH COURT OF
                            KERALA
APPELLANT/1st RESPONDENT IN WP:

          KANDOTH NALLAKANDI SATHYABHAMA,
          AGED 75 YEARS, W/O LATE. VENUGOPALAN NAMBIAR,
          RESIDING AT "SRINILAYAM", P.O.KALLYATT,
          KANNUR, PIN - 670 593.

          BY ADVS.
          M.K.SUMOD
          ABDUL RAOOF PALLIPATH
          K.R.AVINASH (KUNNATH)
          VIDYA M.K.



RESPONDENTS/PETITIONER & RESPONDENTS 2 TO 4 IN WP:

    1     NISHA.P.T
          AGED 43 YEARS, W/O LATE. K.N. NANDAKUMAR,
          NO OCCUPATION, RESIDING AT "730, HAL 3RD STAGE,
          4TH MAIN, 1ST BLOC NEAR MOTHER MARY SCHOOL,
          NEW THIPPASANDRA, BANGALURU, PIN - 560 075.

    2     THE PRESIDING OFFICER
          MAINTENANCE TRIBUNAL AND SUB COLLECTOR,
          P.O. THALASSERY, KANNUR, PIN - 670 101.

    3     THE SUB REGISTRAR
          OFFICE OF THE SUB REGISTRAR, P.O. IRIKKUR,
          KANNUR, PIN - 670 306.
 W.A.No.168 of 2023
                                        2

     4       THE DISTRICT COLLECTOR-KANNUR
             COLLECTORATE, CIVIL STATION THAVAKKARA.P.O,
             KANNUR, PIN - 670 002.

             BY ADV. MAHESH V. RAMAKRISHNAN
             SRI. T.K.VIPINDAS, SR. GP


      THIS    WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
07.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.168 of 2023
                                         3



                                  JUDGMENT

Dated this the 7th day of August 2023

A.J. Desai, C.J

By way of the present appeal filed under section 5 of the

Kerala High Court Act, 1958, the appellant/1st respondent in

W.P.(C)No.19595 of 2022, who had filed an application under the

provisions of the Maintenance and Welfare of Parents and Senior

Citizens Act, 2007 (hereinafter referred to as the "Act" for short),

had challenged the judgment dated 14.11.2022, by which the writ

petition filed by the 1st respondent herein, questioning the

jurisdiction of the Tribunal as per the Act, came to be accepted and

the order passed by the Tribunal issuing certain directions, came to

be quashed and set aside, by permitting the appellant to file

appropriate proceedings before the civil court.

2. Having heard learned Advocates appearing for the

respective parties and considering the decision of the Full Bench of

this Court in Subhashini v. District Collector, Kozhikode and

Others reported in 2020 (5) KLT 533 dated 22.09.2020 and the W.A.No.168 of 2023

subsequent judgment of the Hon'ble Apex Court in Sudesh

Chhikara v. Ramti Devi & Another delivered in Civil Appeal No.174

of 2021 on 06.12.2022, with regard to the powers under section 23

of the Act, we dispose of this appeal with the following directions:

(i) It would be open for the appellant to file a detailed fresh

petition before the Tribunal within a period of three

weeks from today.

(ii) The Tribunal shall consider the said petition, which would

be filed by the appellant in accordance with law, after

giving an opportunity of hearing to all concerned and

examine the case after scrutinizing the evidence which

may be laid by the parties and pass fresh orders without

being influenced by the orders passed by the learned

single Judge in the captioned writ petition and the

present order.