Kerala High Court
Arun Kumar vs Maintenance Tribunal on 22 October, 2024
Author: D.K Singh
Bench: D. K. Singh
WP(C) No.35119/2024 1/3 Order Date : 22-10-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
Tuesday, the 22nd day of October 2024 / 30th Aswina, 1946
WP(C) NO. 35119 OF 2024
PETITIONER:
ARUN KUMAR, AGED 54 YEARS, S/O LATE KRISHNAN NAIR, ARUN BHAVAN,
ALATHARA, SREEKARYAM P.O., THIRUVANANTHAPURAM, PIN-695017
RESPONDENTS:
1. MAINTENANCE TRIBUNAL THIRUVANANTHAPURAM, REPRESENTED BY THE
PRESIDING OFFICER AND SUB COLLECTOR, REVENUE DIVISIONAL OFFICER,
OFFICE OF THE COLLECTORATE, THIRUVANANTHAPURAM, PIN-695043
2. JAYADEVI AMMA, W/O LATE KRISHNAN NAIR, ARUN BHAVAN, ALATHARA,
SREEKARYAM P.O., THIRUVANANTHAPURAM, PIN-695017
3. K. ANIL KUMAR, S/O LATE KRISHNAN NAIR, AISWARYA BHAVAN, NCC ROAD,
PEROORKKADA, THIRUVANANTHAPURAM, PIN-695017
4. SANTOSH KUMAR, S/O LATE KRISHNAN NAIR, SREEBHADRAM, AMBADI NAGAR-4,
SREEKARYAM, THIRUVANANTHAPURAM, PIN - 695017
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 issue an order staying the operation and implementation of Ext
P4 order, till the disposal of the above writ petition (civil).
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.K.S.HARIHARAPUTHRAN, PINKU MARIAM JOSE & K.M.FATHIMA, Advocates for
the petitioner, the court passed the following:
WP(C) No.35119/2024 2/3 Order Date : 22-10-2024
D.K SINGH., J
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W.P( C) NO. 35119 of 2024
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Dated this the 22nd day of October, 2024
ORDER
Adv. S.Gopinathan, the learned Senior Government Pleader
takes notice for the 1st respondent.
Issue notice to respondents 2 to 4 by usual mode as well as
speed post.
Petitioner is also directed to serve notice to respondents 2 to 4
by special messenger, for which steps to be taken by tomorrow.
Post on 04.11.2024.
In the meantime, the impugned order passed by the
Maintenance Tribunal shall be kept in abeyance, subject to making
payment of maintenance as per the direction of this court in its
judgment dated 16.10.2023 in W.P(C) No. 39800 of 2016.
Sd/-
D.K SINGH
JUDGE
SJ
WP(C) No.35119/2024 3/3 Order Date : 22-10-2024
APPENDIX OF WP(C) 35119/2024
Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO.416/I/2013 DATED
4.2.2013 OF THE SRO PATTOM, EXECUTED BY THE 2ND
RESPONDENT IN FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE ORDER NO. J/8390/15/KDIS DATED
8.12.2015 ISSUED BY THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 16.10.2023 IN WP (C)
NO.39800 OF 2016 OF THIS HON'BLE COURT
Exhibit P4 TRUE COPY OF THE ORDER NO.RDOTVM/5749/2023-J1 DATED
30.8.2024 ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER
Translation of Exhibit Translation of the order dated 8.12.2015 issued by the
P2 1st respondent
Translation of Exhibit Translation of the Order No.RDOTVM/5749/2023-J1 dated
P4 30.8.2024 issued by the 1st respondent to the
petitioner
Translation of Exhibit True copy of the Settlement Deed No.416 dated 4.2.2013
P1 of the SRO Pattom, executed by the 2nd respondent in
favour of the petitioner
