Shibu v. T.M Thomas
Case brief
What is this about?
Writ petition challenging a nonspeaking order by the Maintenance Tribunal under the Kerala Maintenance Act granting a maintenance complainant the right to evict the petitioner. The High Court quashed the order due to lack of hearing and remanded the matter for reconsideration.
What did the court decide?
Ext.P2 set aside; 2nd respondent directed to reconsider and decide within two months after hearing both parties.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938
WP(C).No. 3896 of 2016 (J)
PETITIONER(S):
1. SHIBU, AGED 46 YEARS, S/O.THOMAS, THUBEL HOUSE,KARINGACHIRA,
IRUMBANAM, COCHIN PALACE P.O., ERNAKULAM.
2. SANI, AGED 39 YEARS, W/O.SHIBU, THUBEL HOUSE, KARINGACHIRA, IRUMBANAM, COCHIN PALACE P.O., ERNAKULAM.
BY ADVS.SRI.SUNIL NAIR PALAKKAT
SRI.K.N.ABHILASH SRI.M.A.AHAMMAD SAHEER
RESPONDENT(S):
Issues for consideration
1 issue framed by the court
Whether the order of the Maintenance Tribunal setting aside the right to evict a senior citizen from the residence was a non-speaking order violative of natural justice.
Parties & counsel
- petitioner
Shibu
- petitioner
Sani
- respondent
T.M. Thomas
- respondent
The Presiding Officer, Maintenance Tribunal and Sub Collector, for Kochi, Ernakulam
Coram
Case details
As recorded by the court registry
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