Dismissed

Leelamma Gee Varghese v. Maintenance Tribunal, Kollam

Kerala HC16 Dec 2020WP(C)/14853/2020

Case brief

AI extract

What is this about?

This writ petition was filed by a senior citizen seeking expeditious disposal of a maintenance petition pending before the 1st Respondent. The Court directed the Tribunal to hear the matter within four months and to allow the petitioner to submit argument notes.

What did the court decide?

The Maintenance Tribunal is directed to expedite proceedings and complete them within four months; petitioners permitted to submit argument notes.

Leelamma Gee Varghese Vs Maintenance Tribunal, Kollam — Maintenance and Alimony | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.14853 OF 2020(F)

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PETITIONER:

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LEELAMMA GEE VARGHESE AGED 70 YEARS W/O.GEEVARGHESE, THEKKUMKARA PUTHENVEEDU, KARAMCODE P.O., MEENAD, KOLLAM-691579.

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BY ADVS. SRI.ARUN BABU SRI.G.HARIPRASAD

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RESPONDENTS:

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1 MAINTENANCE TRIBUNAL, KOLLAM COLLECTORATE, KOLLAM-601 013.

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2 DR. GABRIEL MAR GREGORIOS METROPOLITAN, AGED 68 YEARS

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S/O.LATE KANJICKAL MATHAI JOHN, RESIDING AT ORTHODOX CHURCH CENTRE, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.

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3 SR.PHEBA, AGED 65 YEARS D/O.THOMAS, SNEHANILAYAM, KARAMCODU, CHATHANOOR, MEENAD VILLAGE, KOLLAM-691579.

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R2-3 BY ADV. SRI.P.RAMAKRISHNAN R2-3 BY ADV. SMT.PREETHI RAMAKRISHNAN (P-212) R2-3 BY ADV. SRI.T.C.KRISHNA R2-3 BY ADV. SRI.C.ANIL KUMAR R2-3 BY ADV. SMT.ASHA K.SHENOY R2-3 BY ADV. SRI.PRATAP ABRAHAM VARGHESE

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SRI BIMAL K. NATH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.14853 OF 2020

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JUDGMENT

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The petitioner herein is a senior citizen. She has approached this Court seeking expeditious disposal of Exhibit P3 petition filed by her invoking the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

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The petitioner states that the above petition under Section 5 and Section 23 of the Act was filed as early as on 1.11.2019 and Exhibit P5 interim order was passed on 7.2.2020. Thereafter, Ext.P13 application was filed by the respondents 2 and 3 seeking modification. With a view to delay the proceedings, Ext.P14 application was filed seeking directions to the petitioner to produce certain records. Though the petitioner had submitted Exts.P10 and P12 applications, no orders have been passed in those applications. It is in the afore circumstances that the petitioner is before this Court seeking for the following reliefs:

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i issue a writ of mandamus or any other appropriate order or direction, to the 1st respondent Maintenance Tribunal, Kollam to pass final orders on Exhibit P3 petition bearing No.CNo 165709/2019 within a time frame.

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ii Issue a writ of mandamus or any other appropriate writ, directing the 1st respondent to allow the petitioner to

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WP(C).No.14853 OF 2020

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submit argument notes through counsel in the Exhibit P3 proceedings bearing No. C-No 165709/2019

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iii Issue a writ of mandamus or any other appropriate order or direction, to the 1st respondent Maintenance Tribunal, Kollam to pass final orders on Exhibit P10 and P12 interim applications in proceedings bearing No C-No 165709/2019 within a time frame.

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The respondents 2 and 3 have filed an affidavit controverting the contentions. They contend that the petition filed is not maintainable for various reasons. They contend that they have no objection in expediting the proceedings but their only prayer is that the Tribunal shall adjudicate the application only in accordance with the procedure and mandate stipulated under Sections 5 and 8 of the Act.

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I have considered the submissions advanced. It appears that the application filed under Act 56 of 2007 is pending consideration before the Tribunal. Both sides want an expeditious consideration of the said application. In that view of the matter, necessary directions can be issued to expedite the proceedings.

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In the result, this writ petition is disposed of directing the Maintenance Tribunal, Kollam to expedite the proceedings in Ext.P3 petition filed by the petitioner strictly in compliance with Sections 5 and

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WP(C).No.14853 OF 2020

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8 of the Act. The proceedings shall be completed expeditiously at any rate, within a period of four months from the date of receipt of a copy of

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this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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sru

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WP(C).No.14853 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE SETTLEMENT DEED DATED 17.1.2011 BEARING NO.246/11 OF CHATHANOOR SRO.
EXHIBIT P2	THE TRUE COPY OF THE SETTLEMENT DEED DATED 26.12.2013 BEARING NO.4064/1/2013 OF CHATHANOOR SRO.
EXHIBIT P3	THE TRUE COPY OF THE APPLICATION DATED 1.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4	THE TRUE COPY OF THE STATEMENT SUBMITTED BY THE 2ND AND 3RD RESPONDENT BEFORE THE 1ST RESPONDENT IN C-NO.165709/2019.
EXHIBIT P5	THE TRUE COPY OF THE INTERIM ORDER DATED 7.2.2020 ISSUED BY THE 1ST RESPONDENT IN C-NO.165709/2019.
EXHIBIT P6	THE TRUE COPY OF THE EMAIL DATED 5.5.2020 SENT BY THE PETITIONER TO THE 1ST AND 2ND RESPONDENT.
EXHIBIT P7	THE TRUE COPY OF THE REPLY DATED 23.5.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8	THE TRUE COPY OF THE EMAIL DATED 25.6.2020 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P9	THE TRUE COPY OF THE REPLY DATED 29.6.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P10	THE TRUE COPY OF THE PETITION DATED 19.5.2020 FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P11	THE TRUE COPY OF THE EMAIL DATED 6.7.2020 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

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WP(C).No.14853 OF 2020

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EXHIBIT P12 THE TRUE COPY OF THE PETITION DATED 1.6.2020 SUBMITTED BY THE COUNSEL OF THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P13 THE TRUE COPY OF THE PETITION FILED BY THE 2ND AND 3RD RESPONDENT TO MODIFY THE INTERIM ORDER BEFORE THE 1ST RESPONDENT. EXHIBIT P14 THE TRUE COPY OF THE PETITION DATED 7.7.2020 FILED BY THE 2ND AND 3RD RESPONDENT SEEKING PRODUCTION OF DOCUMENTS FROM THE PETITIONER, BEFORE THE 1ST RESPONDENT. EXHIBIT P15 THE TRUE COPY OF THE ARGUMENT NOTE DATED 7.7.2020 FILED BY THE COUNSEL FOR THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS EXHIBITS:

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EXHIBIT R2(a) TRUE COPY OF THE TRUST DEED DATED 15.6.2011.

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//TRUE COPY//

Leelamma Gee Varghese v. Maintenance Tribunal, Kollam

Case brief

What is this about?

What did the court decide?

Leelamma Gee Varghese v. Maintenance Tribunal, Kollam

Case brief

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