Dismissed

Padmakumari Amma v. the District Collector, Kollam

Kerala HC25 Oct 2021WP(C)/16416/2021

Case brief

AI extract

What is this about?

In this writ petition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen sought to set aside a property gift allegedly made on condition of care. The Court disposed of the writ without commenting on merits, directing the Maintenance Tribunal to consider the petition and pass orders within three months.

What did the court decide?

Directing the Maintenance Tribunal to consider the petition and pass appropriate orders within three months.

Padmakumari Amma Vs the District Collector, Kollam — Property and Title | Kerala HC (2021)

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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 SATHISH NINAN

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MONDAY, THE 25^TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943

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WP(C) NO. 16416 OF 2021

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PETITIONER:

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PADMAKUMARI AMMA AGED 72 YEARS W/O. LATE RESIDING AT BINDU BHAVAN, KOTTACKERAM, PARIPALLI VILLAGE, KOLLAM TALUK, KOLLAM.

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BY ADV A.CHANDRA BABU

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RESPONDENTS:

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1 THE DISTRICT COLLECTOR, KOLLAM CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM, KERALA - 691013. 2 THE SUB COLLECTOR CIVIL STATION ROAD, KAANKATHU MUKKU, KOLLAM, KERALA - 691013. BY SMT.SHEEJA C.S., SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.16416 of 2021

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= = = = = = = = = = = = = = = = = = Dated this the 25^th day of October, 2021

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J U D G M E N T

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The petitioner is a senior citizen aged 72 years.

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The property belonging to her having an extent of 6.70

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Ares was gifted by her in favour of her daughter.

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According to the petitioner, the gift was on the condition that the petitioner would be taken care of and

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provided with necessities in her old age. According to the petitioner, the daughter neglected to take care of the petitioner. She has filed a petition under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking to have the document set aside. The petitioner seeks for an expeditious consideration of the application.

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Without expressing anything on the merits, the writ petition is disposed of directing the second respondent, who is functioning as Maintenance Tribunal, before whom Ext.P1 petition is pending, to consider the

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W. P. (C) No.16416 of 2021

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-: 2 :-

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same and pass appropriate orders thereon with due notice

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to the parties, within a period of three months from the

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date of receipt of a copy of this judgment.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 16416/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE PETITION DATED 15.11.2019 BEFORE THE 1ST RESPONDENT.

Padmakumari Amma v. the District Collector, Kollam

Case brief

What is this about?

What did the court decide?

Padmakumari Amma v. the District Collector, Kollam

Case brief

What is this about?

What did the court decide?

What the court decided

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