Kerala High Court
Remya Anil Kumar vs Maintenance Tribunal (Revenue ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42872 OF 2022
PETITIONERS:
1 REMYA ANIL KUMAR
AGED 36 YEARS
W/O. ANIL KUMAR PULARIYIL HOUSE, CHETTIKULANGARA P.O
PIN 690106, ALAPPUZHA DISTRICT, REP.BY HER POWER OF
ATTORNEY HOLDER-HUSBAND SRI. ANIL KUMAR AGED 40 YEARS,
S/O. RAGHAVAN, VALIYAPRAMBIL THEKKATHIL HOUSE,
ARUNNOOTTIMANGALAM P.O, PIN - 690110 ALAPPUZHA DISTRICT
(THE 2ND PETITIONER HEREIN).
2 ANIL KUMAR,
AGED 40 YEARS, S/O. RAGHAVAN,
VALIYAPRAMBIL THEKKATHIL HOUSE,
ARUNNOOTTIMANGALAM P.O, PIN - 690110
ALAPPUZHA DISTRICT.
BY ADVS.
B.RENJITHKUMAR
CLARA SHERIN FRANCIS
RESPONDENTS:
1 MAINTENANCE TRIBUNAL (REVENUE DIVISIONAL OFFICER)
CHENGANNUR, PIN - 689121.
2 PONNAMMA,
AGED 65 YEARS, W/O. K. RAJU PULARIYIL,
CHETTIKULANGARA P.O PIN - 690106,
ALAPPUZHA DISTRICT.
3 K.RAJU,
AGED 67 YEARS, S/O. MADHAVAN PULARIYIL,
CHETTIKULANGARA P.O PIN - 690106,
ALAPPUZHA DISTRICT.
OTHER PRESENT:
SRI.SUNIL KURIAKOSE.SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 42872 OF 2022
2
P.V.KUNHIKRISHNAN, J.
=====================
W.P.(C).No.42872 of 2022
=====================
Dated this the 6th day of January 2023
JUDGMENT
The above writ petition is filed with the following prayers;
"i. Issue a writ of Mandamus or any other
appropriate writ, order or direction commanding the
1st respondent to implead the son of the senior
citizens as prayed for in Ext.P5.
ii. Dispense with the translation of
vernacular document.
iii. Grant such other reliefs as this Honorable
Court would deem fit and proper.
iv. Allow the costs of the petitioner." (SIC)
2. The only prayer in this writ petition is to issue a
direction to the 1st respondent to implead the son of the
respondent Nos.2 and 3 as an additional respondent in the
proceedings. Ext.P5 is the application submitted by the
petitioner. Since there is no action from the 1 st respondent,
this writ petition is filed.
WP(C) NO. 42872 OF 2022
3. Heard the learned Counsel for the petitioner and the
Government Pleader. No notice is necessary to the respondent
Nos.2 and 3 at this stage, because of the way in which this writ
petition is going to be disposed of. If they are aggrieved by the
directions issued in this judgment, they are free to file a review
petition before this Court.
4. According to the petitioners, they filed Ext.P5 application
before the 1st respondent for impleading the son of the senior
citizens. The only prayer is to issue a direction to the 1 st respondent
to consider Ext.P5 application before proceeding with Ext.P2.
5. After hearing both sides, I think such a prayer can be
allowed.
Therefore this writ petition is disposed of with the following
directions.
1. There will be a direction to the 1 st respondent to consider
Ext.P5 application, after giving an opportunity of hearing to the
petitioner and respondent Nos.2 and 3 and pass appropriate orders
in it before closing the evidence in Ext.P2 complaint.
WP(C) NO. 42872 OF 2022
2. I make it clear that, I have not considered the matter
on merit including the maintainability of that petition and the 1 st
respondent is free to pass appropriate orders in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN
SAAP JUDGE
WP(C) NO. 42872 OF 2022
APPENDIX OF WP(C) 42872/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POWER OF ATTORNEY
EXECUTED ON 19.7.2022.
Exhibit P2 TRUE COPY OF THE COMPLAINT AS 1-4169/2020
DATED 9.9.2020 SUBMITTED BY THE
RESPONDENTS 2 AND 3 HEREIN BEFORE THE 1ST
RESPONDENT.
Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED DTD.
21.2.2017 BETWEEN THE 1ST PETITIONER AND
THE 2ND RESPONDENT HEREIN.
Exhibit P4 TRUE COPY OF THE DETAILED OBJECTIONS TO
EXT.P2 COMPLAINT FILED BY PETITIONERS
HEREIN DATED 4.7.2022.
Exhibit P5 TRUE COPY OF THE APPLICATION DATED
4.7.2022 FILED BY THE PETITIONERS.
//True Copy// PA to Judge
