Kerala High Court
Ramachandran vs State Of Kerala, Represented By Chief ... on 3 October, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 8367 OF 2024 1
2024:KER:74256
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. 8367 OF 2024
PETITIONER:
RAMACHANDRAN
AGED 66 YEARS
S/O VASUDEVAN, MENONPARAMBIL. , NANDHIYAKODE, KOOTTANAD
P.O, NAGALASSERY, PALAKKAD., PIN - 679533
BY ADVS.
V.A.HAKEEM
HABNAM HAKEEM
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY
GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DISTRICT COLLECTOR & APPELLATE TRIBUNAL
FOR MAINTENANCE- OF PARENTS AND SENIOR CITIZENS,
PALAKKAD DISTRICT, CIVIL STATION PALAKKAD, PALAKKAD,,
PIN - 678001
3 THE SUB DIVISIONAL MAGISTRATE & THE MAINTENANCE TRIBUNAL
OTTAPALAM, PALAKKAD DISTRICT, PIN - 679101
4 SARATH BABU
S/O RAMACHANDRAN, MENONPARAMBIL. , NANDHIYAKODE,
KOOTTANAD P.O, NAGALASSERY, PALAKKAD, PIN - 679533
BY ADVS.
SANTHEEP ANKARATH
P.ANIRUDHAN(K/002306/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8367 OF 2024 2
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JUDGMENT
The present Writ Petition has been filed by the petitioner
challenging the orders in Exts.P3 and P5 passed by the Maintenance
Tribunal and Sub Divisional Magistrate, Ottappalam, and the District
Collector, Palakkad, in compliance with the appeal filed by the
petitioner, who is the father of the fourth respondent.
2. The petitioner has filed a complaint before the
Maintenance Tribunal under the provisions of the Maintenance and
Welfare of Parents and Senior Citizens Act, 2007 ('the Act' for short).
In the complaint, it was alleged that the 4th respondent and the
petitioner's wife were residing in the house in the name of the
petitioner, and he was not being permitted to reside in the said
house. The prayer for Rs.10,000/- per month as maintenance
amount was also made in the complaint. It appears that the
petitioner and his wife have filed a few cases against each other
including a case under the Domestic Violence Act, before the Judicial
First Class Magistrate, Pattambi.
3. Considering the fact that there are complaints and cases
pending against each other, the Maintenance Tribunal was of the view
that the petitioner would not be entitled to any maintenance under the
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provisions of the Act. However, the petitioner was permitted to reside in
the house.
4. Aggrieved by the said order passed by the Tribunal, the
petitioner filed an appeal before the District Collector, Palakkad. The appeal
has been dismissed vide impugned order dated 17.02.2022 as per Ext.P5.
The Appellate Authority has considered the submissions and documents
and has come to the conclusion that the petitioner does not require
maintenance of Rs.10,000/- towards treatment and other expenses. The
petitioner is already living in the house, and therefore, no other directions
are required to be passed.
5. The District Collector has taken pains to go through the
medical prescription and bill. The petitioner has been staying in the Gulf
for several years and has started staying in his native place only for the
last ten years. The petitioner is living in the same house where the 4 th
respondent and his mother are staying. The findings recorded by the
Tribunal and the Appellate Authority are based on the facts and
documents, and therefore, this Court finds no ground to interfere with the
two orders impugned in this Writ Petition and the same is hereby
dismissed.
DINESH KUMAR SINGH
JUDGE
lsn
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APPENDIX OF WP(C) 8367/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE TREATMENT RECORDS AND LAB
REPORTS DATED 25.1.24, 4.1.24, 20.12.23,
14.12.23, 3.1.2024, 15.1.2024
Exhibit P2 TRUE COPY OF THE PETITION BEFORE THE 3RD
RESPONDENT/MAINTENANCE TRIBUNAL, OTTAPALAM
UNDER SECTION 5 OF THE SENIOR CITIZENS ACT
2005, NUMBERED AS H-3532/2019 DATED 16.7.2019
Exhibit P3 TRUE COPY OF THE ORDER OF THE 3RD
RESPONDENT/MAINTENANCE TRIBUNAL, OTTAPALAM
DATED 11/12/2019
Exhibit P4 TRUE COPY OF THE APPEAL BEFORE THE 2ND
RESPONDENT APPELLATE TRIBUNAL AS NO.
DCPKD/2964/2020-J4 UNDER SECTION 16 OF THE
SENIOR CITIZENS ACT DATED 10.2.2020
Exhibit P5 TRUE COPY OF THE ORDER OF THE APPELLATE
TRIBUNAL NO. DCPKD/2964/2020-J4 UNDER SECTION
16 OF THE SENIOR CITIZENS ACT DATED
17.02.2022
Exhibit P2 English Translation of Exhibit P2
Exhibit P3 English Translation of Exhibit P3
Exhibit P4 English Translation of Exhibit P4
Exhibit P5 English Translation of Exhibit P5
