Kerala High Court
Rose Mary vs The Tribunal Constituted Under The ... on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) No.14271/2023 1/4 Order Date : 03-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
Thursday, the 3rd day of October 2024 / 11th Aswina, 1946
WP(C) NO. 14271 OF 2023
PETITIONERS:
1. ROSE MARY,AGED 43 YEARS,D/O. JOSEPH, RESIDING AT PATTALATH HOUSE,
KATTIPARAMBIL,PALLURUTHY VILLAGE, KANNAMALY, ERNAKULAM DISTRICT,
PIN-682008
2. JOHN GEORGE, AGED 41 YEARS, S/O. JOSEPH, SRAMBICAL HOUSE, CHELLANAM
SOUTH, ERNAKULAM DISTRICT-682008., NOW RESIDING AT PATTALATH HOUSE,
KATTIPARAMBIL, PALLURUTHY VILLAGE, KANNAMALY, ERNAKULAM DISTRICT,
PIN-682008
3. MARIAM SHEEJA, AGED 40 YEARS, W/O. JOHN GEORGE, SRAMBICAL HOUSE,
CHELLANAM SOUTH,ERNAKULAM DISTRICT - 682 008., NOW RESIDING AT
PATTALATH HOUSE, KATTIPARAMBIL, PALLURUTHY VILLAGE, KANNAMALY,
ERNAKULAM DISTRICT, PIN - 682008
RESPONDENTS:
1. THE TRIBUNAL CONSTITUTED UNDER THE PROVISIONS OF THE MAINTENANCE AND
WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007 FORT KOCHI, KOCHI,
PIN-682001
2. THE APPELLATE AUTHORITY CONSTITUTED UNDER THE PROVISIONS OF THE
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007
ERNAKULAM, CIVIL STATION, KAKKANAD P.O., ERNAKULAM DISTRICT,
PIN-682030
3. SRI.JOSEPH, AGED 76 YEARS, S/O.LONAN, RESIDING AT PATTALATH HOUSE,
KATTIPARAMBU,PALLURUTHY VILLAGE, KANNAMALY, ERNAKULAM DISTRICT,
PIN-682008
4. SMT. ROSILY JOSEPH, AGED 76 YEARS, W/O. JOSEPH, RESIDING AT
PATTALATH HOUSE, KATTIPARAMBU, PALLURUTHY VILLAGE, KANNAMALY,
ERNAKULAM DISTRICT, PIN-682008
5. MICHAEL CLEETUS, AGED 45 YEARS, S/O. JOSEPH, RESIDING AT PATTALATH
HOUSE, KALATHARA, KATTIPARAMBU, PALLURUTHY VILLAGE, KANNAMALY,
ERNAKULAM DISTRICT, PIN - 682008
6. THE STATION HOUSE OFFICER, KANNAMALY POLICE STATION, CHELLANAM,
ERNAKULAM DISTRICT, PIN-682008
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 the operation, implementation and all further proceedings
pursuant to the Exhibit P3 order bearing No.S 394/2020/K.Dis., dated
17/3/2022 passed by the first respondent and also the exhibit p4 order
bearing no.DCEKM/11451/2022-M6 dated 8/3/2023 passed by the second
respondent, pending disposal of this writ petition so as to secure the
ends of justice.
This petition again coming on for orders upon perusing the petition
WP(C) No.14271/2023 2/4 Order Date : 03-10-2024
and the affidavit filed in support of WP(C) and this Court's order dated
22.08.2024 and upon hearing the arguments of M/S T.MADHU, C.R.SARADAMANI,
SHAHID AZEEZ & RENJISH S. MENON, Advocates for the petitioners and of M/S
B.KRISHNA MANI, N.V.SANDHYA & DHANUJA M.S, Advocates for R3, R4 & R5, the
court passed the following:
WP(C) No.14271/2023 3/4 Order Date : 03-10-2024
DINESH KUMAR SINGH, J.
--------------------------
WP(C) No. 14271 of 2023
-------------------------
Dated this the 3rd day of October, 2024
ORDER
As a last chance to argue the matter, post this writ petition on
09.10.2024, failing which the writ petition will get dismissed on the
next date of posting.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) No.14271/2023 4/4 Order Date : 03-10-2024
APPENDIX OF WP(C) 14271/2023
Exhibit-P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.345/2020 ON THE
FILES OF THE MUNSIFF'S COURT, KOCHI
Exhibit-P2 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 14/3/2023
IN O.S.NO.345/2020 ON THE FILES OF THE MUNSIFF'S COURT;
KOCHI
Exhibit-P3 THE TRUE COPY OF THE ORDER BEARING NO.S-394/2020/K.DIS
DATED 17/3/2022 PASSED BY THE FIRST RESPONDENT
Exhibit-P4 THE TRUE COPY OF THE ORDER NO.DCEKM/11451/2022-M6 DATED
8/3/2023 PASSED BY THE SECOND RESPONDENT
Exhibit-R5(c) A true copy of the Photograph
Exhibit-R5(d) A true copy of the Photograph
Exhibit-R5(e) A true copy of the Photograph
Exhibit-R5(b) A true copy of the judgment dated 16/3/2024 in
O.S.No.345/2020 before the Munsiff's Court, Kochi.
Exhibit-R5(a) A true copy of the intimation issued by the Medical
Officer, Laxmi Hospital, Panayapally, Kochi dated
4/4/2020 along with typed copy
