Kerala High Court
Mrs. Ameera M vs The Maintenance Tribunal, Kozhikode on 22 May, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.18370/2024 1/3 Order Date : 22-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
WP(C) NO. 18370 OF 2024
PETITIONERS:
1. MRS. AMEERA M., AGED 33 YEARS, D/O. M. ABDURAHIMAN KUTTY, HAVING
PERMANENT ADDRESS AT FLAT NO. 7B "SKYLINE GARNET"APARTMENTS, K.T.
GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673 016, REPRESENTED
BY THEIR POWER OF ATTORNEY HOLDER MRS. SABARIYA, AGED 55 YEARS, D/O.
LATE K. M. ALI, RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS,
K.T. GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016
2. MR. DANISH M. AGED 30 YEARS, S/O. M. ABDURAHIMAN KUTTY, HAVING
PERMANENT ADDRESS AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS, K.T.
GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673 016, REPRESENTED
BY THEIR POWER OF ATTORNEY HOLDER MRS. SABARIYA, AGED 55 YEARS, D/O.
LATE K. M. ALI, RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS,
K.T. GOPALAN ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016
3. MRS. SABARIYA, AGED 55 YEARS, D/O. LATE K. M. ALI, RESIDING AT FLAT
NO. 7B "SKYLINE, GARNET" APARTMENTS, K.T. GOPALAN ROAD, KOTTOOLI
P.O., KOZHIKODE, PIN - 673016
RESPONDENTS:
1. THE MAINTENANCE TRIBUNAL, KOZHIKODE REPRESENTED BY ITS PRESIDING
OFFICER SUBCOLLECTOR/RDO, CIVIL STATION P.O., MALAPARAMBA, KOZHIKODE
DISTRICT, PIN - 673020
2. MR. M. ABDURAHIMAN KUTTY, AGED 64 YEARS, S/O. LATE ABUBACKER,
RESIDING AT MOODANTHARMEL, HOUSE, KARUVANTHRURUTHI P.O., KOZHIKODE
DISTRICT, PIN - 673631
3. MRS. SATHIANOOR M. AGED 36 YEARS, D/O. M. ABDURAHIMAN KUTTY,
RESIDING AT FLAT NO. 7B "SKYLINE GARNET" APARTMENTS, K.T. GOPALAN
ROAD, KOTTOOLI P.O., KOZHIKODE, PIN - 673016
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings in or pursuant to exhibit-p2 order
in proceeding No. n2/217/2023 of the Hon'ble maintenance tribunal,
Kozhikode including any penal as well as coercive action proposed to be
taken in pursuance of Exhibit-P8, till the final disposal of this writ
petition on merit.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SUDEEP ARAVIND PANICKER, A.S.DILEEP, P.BINOD, K.Y.SUDHEENDRAN, SUSEELA
DILEEP & K.N.HARISHANKAR, Advocates for the petitioners, the court passed
the following:
WP(C) No.18370/2024 2/3 Order Date : 22-05-2024
N. NAGARESH, J.
----------------------------
W.P. (C) No.18370 of 2024
--------------------------------------------------
Dated this the 22nd day of May, 2024
ORDER
Admit. Government Pleader takes notice for the 1 st
respondent. Issue urgent notice by Speed Post to
respondents 2 and 3.
2. There will be an interim order staying the operation
of Ext.P8 for a period of one month.
Post on 21.06.2024.
Sd/-
N. NAGARESH
JUDGE
AMR
WP(C) No.18370/2024 3/3 Order Date : 22-05-2024
APPENDIX OF WP(C) 18370/2024
Exhibit-P1 TRUE COPY OF THE POWER OF ATTORNEY DATED 22/12/2022
EXECUTED BY THE 1ST AND 2ND PETITIONERS IN FAVOUR OF
THE 3RD PETITIONER
Exhibit-P2 TRUE COPY OF THE FINAL ORDER DATED 06/12/2023 ISSUED BY
THE 1ST RESPONDENT IN PROCEEDING NO. N2/217/2023
Exhibit-P3 TRUE COPY OF THE INTERIM ORDER DATED 27/04/2023 PASSED
BY THE 1ST RESPONDENT IN PROCEEDING NO. N2/217/2023
ALONG WITH OTHER ENCLOSURES
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 18/09/2023 OF THIS
HON'BLE COURT IN W.P.(C) 10669 OF 2023
Exhibit-P5 TRUE COPY OF M.C. 391 OF 2022 FILED BY THE 2ND
RESPONDENT BEFORE THE FAMILY COURT, KOZHIKODE
Exhibit-P6 TRUE COPY OF THE MEMORANDUM OF APPEAL FILED BY
PETITIONERS AGAINST EXHIBIT-P2 BEFORE THE APPELLATE
AUTHORITY AND DISTRICT COLLECTOR, KOZHIKODE
Exhibit-P7 TRUE COPY OF THE ORDER DATED 13/03/2024 OF THE
APPELLATE AUTHORITY UNDER MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZENS ACT, 2007 PASSED IN APPEAL
NO. 1258/2024-G8
Exhibit-P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 07/05/2024
