Subramanyan vs The Revenue Divisional Officer
2023 Latest Caselaw 73 Ker

              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. 42990 OF 2022
PETITIONER:

          SUBRAMANYAN,
          AGED 67 YEARS
          S/O VELLAPPAN, PULIKKAL HOUSE, CHETTICHAL,
          CHEMBUCHIRA P.O, KODAKARA VIA, CHALAKUDY TALUK,
          THRISSUR DISTRICT, PIN-680 684

          BY ADV SARUN RAJAN



RESPONDENT:

          THE REVENUE DIVISIONAL OFFICER,
          MAINTENANCE TRIBUNAL, CIVIL STATION,
          IRINJALAKUDA THRISSUR DISTRICT- 680 311.


OTHER PRESENT:

          SRI. SUNIL KURIAKOSE SR.




THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
        W.P.(C) No.42990 of 2022
                                              2


                           P.V.KUNHIKRISHNAN, J
                        ---------------------------------------
                            W.P.(C) No.42990 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 in the nature of mandamus or any other appropriate writ, order or direction commanding the respondent to consider and pass appropriate orders on Ext P1 application for maintenance dated 22.09.2022 submitted under Section 5 of the Maintenance and Welfare of Parents and Senior Citizen Act 2007 within a time frame to be fixed by this Hon'ble Court;

(ii) Issue any such other writ, order or direction as this Hon'ble Court deems fit and proper considering the circumstances of the case in the interest of justice.

2. The petitioner, a 67 year old citizen filed an application before

the Maintenance Tribunal as evident by Ext.P1. The grievance of the

petitioner is that the application is not considered even now. Hence, this writ

petition.

3. I have heard the learned counsel for the petitioner and the

learned Government Pleader.

W.P.(C) No.42990 of 2022

4. The learned Government Pleader submitted that, the

application is posted on 10.01.2023, for the appearance of the respondent. If

that is the case, there can be a direction to the Tribunal to expedite the

disposal of the application.

Therefore, this writ petition is disposed of with following

direction;

There will be a direction to the respondent to consider

and take appropriate decisions in Ext.P1 application,

after giving an opportunity of hearing to the petitioner

and the opposite party in Ext.P1 application, as

expeditiously as possible, at any rate, within three

months from 10.01.2023.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AMR W.P.(C) No.42990 of 2022

APPENDIX OF WP(C) 42990/2022

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 22.09.2022 IN FORM.A SUBMITTED BY THE PETITIONER THROUGH HIS LAWYER BEFORE THE RESPONDENT IS PRODUCED ALONG WITH THE ENGLISH TRANSLATION OF THE SAME.