Kerala High Court
K.K.Sadasivan Pillai vs District Collector & Appellate ... on 24 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
WP(C) NO. 33409 OF 2024
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2024:KER:71710
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 33409 OF 2024
PETITIONER:
K.K.SADASIVAN PILLAI
AGED 78 YEARS
S/O LATE KRISHNA PILLAI, T.C.26/589(6), “TWINKLE
PLAZA”, FLAT NO.6, PANAVILA JUNCTION, THYCAUD. P.O.,
THIRUVANANTHAPURAM,, PIN - 695014
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB
ABHIJITH U.
TAJ K. TOM
RESPONDENTS:
1 DISTRICT COLLECTOR & APPELLATE TRIBUNAL
MAINTENANCE AND WELFARE OF SENIOR CITIZENS ACT, 2007),
COLLECTORATE, THIRUVANANTHAPURAM, PIN - 695043
2 THE MAINTENANCE TRIBUNAL, THIRUVANANTHAPURAM
REPRESENTED BY ITS PRESIDING OFFICER, REVENUE DIVISIONAL
OFFICE, COLLECTORATE, THIRUVANANTHAPURAM, PIN-695043., PIN
- 695043
3 JAYASREE SADASIVAN PILLAI
AGED 74 YEARS
W/O. K.K.SADASIVAN PILLAI, T.C.26/859(6), “TWINKLE
PLAZA”, FLAT NO.6, PANAVILA JUNCTION, THYCAUD. P.O.,
THIRUVANANTHAPURAM,, PIN - 698514
4 BINDU SADASIVAN PILLAI
AGED 40 YEARS
D/O. K.K. SADASIVAN PILLAI, KALYANA SADANAM, MAITHANAM,
VARKALA P.O. THIRUVANANTHAPURAM, PIN - 695141
5 PRASANTH
AGED 43 YEARS
KALYANA SADANAM, MAITHANAM, VARKALA P.O.
THIRUVANANTHAPURAM, PIN - 695141
SRI.S. GOPINATHAN -SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33409 OF 2024
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2024:KER:71710
JUDGMENT
Dated this the 24th day of September, 2024
The present Writ Petition has been filed seeking
the following prayers:
i) To issue a writ of mandamus or any other writ, order or
direction to direct the 1st Respondent to consider Exhibit
P13 appeal filed under Section 16 of the Maintenance
and Welfare of Parents Senior Citizen Act in accordance
with law within a timeframe fixed by this Hon'ble Court.
ii) Petitioner also prayed that this Hon'ble Court may be
pleased to dispense with the translation of the
documents produced in the vernacular language.
iii) To issue such other appropriate Writ order or direction
that may be deemed to be just and equitable in the facts
and circumstances of the case.
2. The learned counsel for the petitioner submits that
the petitioner has filed appeal only in the month of June
2024, against the order passed by the Maintenance
Tribunal.
Considering the prayer made in this writ petition, the
present writ petition is disposed of, with a direction to the
District Collector and Appellate Tribunal,
Thiruvananthapuram, under the provisions of the
Maintenance and Welfare of Parents and Senior Citizen
WP(C) NO. 33409 OF 2024
2024:KER:71710
Act, 2007, to consider and take final decision in Appeal
No.6166/2024/A4 pending before him, in accordance with
law, expeditiously, preferably within a period of three
months.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
WP(C) NO. 33409 OF 2024
2024:KER:71710
APAPPENDIX OF WP(C) 33409/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SETTLEMENT DEED NO.
2678/2019 DATED 16-12-20219 OF CHALAI SRO
EXECUTED BY THE PETITIONER AND THE 3RD
RESPONDENT IN FAVOUR OF THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
22-03-2023 ISSUED BY KIMSHEALTH, TRIVANDRUM
Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
26-04-2023 ISSUED BY KIMSHEALTH, TRIVANDRUM
Exhibit P4 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
12/10/2022 ISSUED BY ARAVIND EYE CARE SYSTEM
Exhibit P5 TRUE COPY OF THE MEDICAL CERTIFICATE OF PRS
HOSPITAL DATED 16/08/2024 WITH LABORATORY
DETAILS ISSUED BY PRS HOSPITAL DEPARTMENT OF
CARDIOLOGY DATED 14/08/2024
Exhibit P6 A TRUE COPY OF THE APPLICATION NO.
8065/2022(1) DATED 13/07/2022 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT UNDER
SECTION 23 OF THE MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZEN ACT, 2007
Exhibit P7 THE PETITIONER WAS CONSTRAINED TO APPROACH
THIS HON'BLE COURT IN W.P(C) NO. 8926 OF 2024
WHEREIN THIS HON'BLE COURT BY JUDGMENT DATED
20/03/2024 DIRECTED THE 2ND RESPONDENT
TRIBUNAL TO CONSIDER THE PETITION AND PASS
ORDERS WITHIN PERIOD OF ONE MONTH FROM
22/03/2024. A TRUE COPY OF THE JUDGMENT DATED
20/03/2024 IN W.P(C) NO. 8926/2024 OF THE
HIGH COURT OF KERALA
Exhibit P8 A TRUE COPY OF THE ORDER NO. J/546/2023 DATED
31/05/2024 AND ORDER NO. J/8065/2022 ISSUED
BY THE MAINTENANCE TRIBUNAL PRECISING OFFICER
AND SUB COLLECTOR UNDER SECTION 23 OF THE
MAINTENANCE AND WELFARE OF PARENTS AND SENIOR
CITIZEN ACT, 2007 AND ITS TRANSLATION
Exhibit P9 A TRUE COPY OF THE APPEAL NO. 6166/2024/A4
DATED BEFORE THE MAINTENANCE APPELLATE
TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF
PARENTS AND SENIOR CITIZEN ACT 2007,
THIRUVANANTHAPURAM DATED 19/06/2024
