M.P. Vijayalakshmi Amma vs Maintenance Tribunal & Sub Collector
2024 Latest Caselaw 16018 Ker

Citation : 2024 Latest Caselaw 16018 Ker
Judgement Date : 7 June, 2024

Kerala High Court

M.P. Vijayalakshmi Amma vs Maintenance Tribunal & Sub Collector on 7 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                         WP(C) NO. 19609 OF 2024
PETITIONER:

              M.P. VIJAYALAKSHMI AMMA
              AGED 74 YEARS
              W/O. C. SHANMUGHAN NAMBIAR LAKSHMI NIVAS,
              MARUTHUR THONDIYANNOOR, PALAKKAD,
              PIN - 679306

              BY ADVS.
              R.KRISHNA RAJ
              R.PRATHEESH (ARANMULA)
              E.S.SONI
              SREERAJA V.


RESPONDENTS:

     1        MAINTENANCE TRIBUNAL & SUB COLLECTOR
              OFFICE OF THE RDO OTTAPPALAM,
              PALAKKAD, PIN - 679101
     2        THE STATION HOUSE OFFICER
              PATTAMBI POLICE STATION, PATTAMBI POST,
              PALAKKAD, PIN - 679303
     3        UNNIKRISHNAN
              S/O. C. SHANMUGHAN NAMBIAR LAKSHMI NIVAS,
              MARUTHUR THONDIYANNOOR, PALAKKAD,
              PIN - 679306
     4        VANDHANA
              W/O. UNNIKRISHNAN LAKSHMI NIVAS,
              MARUTHUR THONDIYANNOOR,
              PALAKKAD, PIN - 679306

              SRI.BINOY DAVIS-GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.19609 Of 2024
                                 2


                           JUDGMENT

Dated this the 7th day of June, 2024

The grievance of the petitioner is that though the

petitioner has filed an application under the Maintenance and

Welfare of Parents and Senior Citizenship Act against

respondents 3 and 4 as early as on 20.4.2022, the Tribunal

has not taken any action in the matter till date.

2. The 3rd respondent is the son of the petitioner. The

petitioner along with her husband was residing in their house

along with respondents 3 and 4. The petitioner's husband is

an Ex-serviceman and after retirement from service, he

worked as a Driver in the KSRTC and retired from that post

also.

3. After the retirement, the entire amounts received

by the petitioner and her husband were deposited in Shornur

Co-operative Bank at Onggallur Branch. During Covid time,

an amount of `10,91,098/- was withdrawn from the account of

the petitioner and her husband by the 3 rd respondent on WP(C) No.19609 Of 2024

condition that he will look after the petitioner and her husband

till their death.

4. Immediately thereafter, respondents 3 and 4

started physically and mentally harassing the petitioner and

her husband. There were several occasions where the

petitioner and her husband were not permitted to enter into

the house during the day time and they had to sit outside the

house the whole day. They permitted the petitioner and her

husband to enter the house only during night time.

5. So, the petitioner filed a complaint before the 1 st

respondent. Several notices were issued by the authority

requiring the presence of the petitioner as well as

respondents 3 and 4. The petitioner appeared in almost all

the dates. In spite of several notices issued by the authority to

respondents 3 and 4, they have failed to appear. The

petitioner and her husband are senior citizens. If no action is

taken by respondents 1 and 2 against respondents 3 and 4,

the petitioner and her husband will be put to irreparable loss WP(C) No.19609 Of 2024

and injury, contends the petitioner.

6. Government Pleader, on instructions, submits that

the case stands posted to 18.06.2024. If the notice and

pleadings are complete, the matter can be disposed of

expeditiously within a period of three months.

7. Taking into consideration the fact that the

petitioner is a senior citizen, I am of the view that the

complaint should be disposed of expeditiously.

8. In the circumstances, the writ petition can be

disposed of with appropriate directions.

The writ petition is therefore disposed of directing that if

service is complete on the parties, the complaint of the

petitioner should be taken up on 18.06.2024 and finally

disposed of the matter within a period of three months

therefrom.

Sd/-

N.NAGARESH JUDGE hmh WP(C) No.19609 Of 2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20.04.2022 Exhibit P-2 TRUE COPY OF THE NOTICE ISSUED BY THE TRIBUNAL DATED 16.09.2022 Exhibit P-3 TRUE COPY OF THE NOTICE ISSUED BY THE TRIBUNAL DATED 10.03.2023