K.K. Muneer vs The Maintenance Tribunal (Maintenance ...
2024 Latest Caselaw 32586 Ker

Kerala High Court

K.K. Muneer vs The Maintenance Tribunal (Maintenance ... on 11 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

                                                                 2024:KER:83729
WP(C) NO. 39618 OF 2024

                                          1
                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                    THE HONOURABLE MR. JUSTICE D. K. SINGH

         MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                            WP(C) NO. 39618 OF 2024


PETITIONER/S:

             K.K. MUNEER
             AGED 49 YEARS
             S/O. USSAIN, GUNDUVAYIL HOUSE, NAMBIARKUNNU P.O., CHEERAL,
             SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 673595


             BY ADV K.RAKESH


RESPONDENT/S:

     1       THE MAINTENANCE TRIBUNAL (MAINTENANCE AND WELFARE OF PARENTS
             AND SENIOR CITIZENS ACT, 2007)/REVENUE DIVISIONAL OFFICER
             REVENUE DIVISIONAL OFFICE, CIVIL STATION, ERANHIPALAM,
             KOZHIKODE, PIN - 673020

     2       URALIKANDI USSAIN
             AGED 82 YEARS
             S/O. KUTTIASSAN, KUTTAMBOOR DESOM, KAPPOOR VILLAGE,
             PUNNASSERI P.O., KOZHIKODE DISTRICT, PIN - 673585

     3       PATHUMMA
             AGED 72 YEARS
             W/O. USSAIN, KUTTAMBOOR DESOM, KAPPOOR VILLAGE, PUNNASSERI
             P.O., KOZHIKODE DISTRICT, PIN - 673585


             SRI. SREEJITH V.S-GP


     THIS    WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
11.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:83729
WP(C) NO. 39618 OF 2024

                                     2
                               JUDGMENT

The present writ petition has been filed against the

interim order passed by the Tribunal constituted under the

provisions of the Maintenance and Welfare of Parents and

Senior Citizens Act, 2007. The Tribunal, vide the impugned

order dated 05.03.2024 in Ext.P2, has directed the petitioner

to pay the interim maintenance to the 2nd and 3rd respondents,

who are his octogenarian parents.

In view thereof, this court finds no justification to modify

or set aside the said interim order in the writ petition.

The present writ petition is dismissed as above.

Sd/-

D. K. SINGH JUDGE SJ 2024:KER:83729 WP(C) NO. 39618 OF 2024

APPENDIX OF WP(C) 39618/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PETITION FILED AS PER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007 ( HEREIN AFTER REFERRED TO AS ACT) BY RESPONDENTS 2 AND 3 AS AGAINST THE PETITIONER HEREIN BEFORE THE 1ST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P2 A TRUE COPY OF THE INTERIM ORDER PASSED BY THE 1ST RESPONDENT DATED 5-3-2024 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P3 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AS AGAINST EXHIBIT P2, IN THE MONTH OF APRIL 2024 ALONG WITH ITS ENGLISH TRANSLATION

Exhibit P4 A TRUE COPY OF THE SUMMONS DATED 5-10-2024 ISSUED BY THE 1ST RESPONDENT DIRECTING THE PETITIONER TO APPEAR ON 11-10-2024

Exhibit P5 TRUE COPY OF THE MEDICAL PRESCRIPTION OF THE PETITIONER ISSUED BY CONSULTANT PSYCHIATRIST DATED 10-10-2024