Mary Teresa Gladys M.P vs The District Collector Ernakulam
2023 Latest Caselaw 654 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                        WP(C) NO. 234 OF 2023
PETITIONER:

          MARY TERESA GLADYS M.P.,
          AGED 74 YEARS,
          MARY TERESA GLADYS M.P, AGED 74 YEARS,
          W/O. P.T. JOSEPH, PANAKKAL HOUSE, PORT AVENUE,
          PANANGAD, ERNAKULAM DISTRICT, PIN - 682506

          BY ADVS.
          SHERRY J. THOMAS
          JOEMON ANTONY
          ANTONY NILTON REMELO


RESPONDENTS:

    1     THE DISTRICT COLLECTOR, ERNAKULAM,
          1ST FOOR OF CIVIL STATION, ECHAMUKU, KUNNUMPURAM,
          KAKKANAD, KOCHI, KERALA , PIN - 682030

    2     THE REVENUE DIVISIONAL OFFICER, TALUK OFFICE,
          FORTKOCHI., PIN - 682001

    3     MARY GREETY P.J., W/O DOMINIC SHIBU ANTONY,
          DOOR NO. 134, DEVE RAJ COMPOUND, A.D.T COLONY,
          CONOOR, NILGIRI, TAMILNADU, PIN - 643101

    4     SEBIN JOSEPH,
          PANAKKAL HOUSE, PORT AVENUE, PANANGAD,
          ERNAKULAM DISTRICT., PIN - 682506

    5     MELBIN,
          PANAKKAL HOUSE, PORT AVENUE, PANANGAD,
          ERNAKULAM DISTRICT, PIN - 682506

          BY ADV.
          SRI.SUNIL KUMAR KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 234 OF 2023        -2-



                           JUDGMENT

Petitioner has approached this Court for issuance of

a writ in the nature of mandamus directing the appellate

authority under the Maintenance and Welfare of Parents

and Senior Citizens Act 2007 for speedy disposal of the

appeal preferred against the order of the Sub-Collector

dismissing the petition filed under section 4(1) of the Act

on various grounds.

2. Issue notice before admission. Learned

Government Pleader accepts notice for respondents 1

and 2.

3. The order impugned in the appeal is dated

01.12.2022 and only one month has expired. There is an

application for interim relief also, along with the appeal.

4. I am of the view that ends of justice would be

met by directing the appellate authority i.e., District

Collector, to decide the application for interim stay

within a period of one week and the appeal within a

period of 45 (forty-five) days from the date of receipt of a

certified copy of this judgment. Writ petition stands

disposed off.

Sd/-

AMIT RAWAL JUDGE

vv

APPENDIX OF WP(C) 234/2023

PETITIONER EXHIBITS

Exhibit P1 THE SETTLEMENT DEED, DATED 07-05-2018

Exhibit P2 THE TRUE COPY OF MEDICAL REPORT DATED 8-5-2018, WHICH SHOWS THAT FROM 19-4- 2018 TO 08/05/2018 THE PETITIONER'S HUSBAND WAS IN HOSPITAL

Exhibit P2A THE TRUE COPY OF MEDICAL CERTIFICATE DATED 26/11/2022 WHICH CERTIFIES THAT THE PETITIONER IS UNDERGOING TREATMENT

Exhibit P3 THE TRUE COPY OF THE PETITION DATED 18-2-2022, SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MAINTENANCE TRIBUNAL

Exhibit P3A THE TRUE COPY OF THE ENGLISH TRANSLATION OF THE OF THE PETITION, DATED NIL, SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MAINTENANCE TRIBUNAL

Exhibit P4 TTHE TRUE COPY OF THE IMPUGNED ORDER OF THE HON'BLE MAINTENANCE TRIBUNAL DATED 28-10-2022

Exhibit P4A THE TRUE COPY OF THE ENGLISH TRANSLATION OF THE IMPUGNED ORDER OF THE HON'BLE MAINTENANCE TRIBUNAL DATED 28-10-2022

Exhibit P5 THE TRUE COPY OF THE APPEAL TO DISTRICT COLLECTOR DATED 01-12-2022

Exhibit P5A THE TRUE COPY OF THE RECEIPT DATED 02-

12-2022 OF EXHIBIT P5 APPEAL