Remanded

Smt.Geetha v. State of Kerala

Kerala HC22 Jul 2022WP(C)/447/2020

Case brief

AI extract

What is this about?

The High Court set aside an order of the Maintenance Tribunal for ignoring directions in a prior judgment. It ordered the Tribunal to reconsider the maintenance application of a senior citizen respondent with specific guidelines, including appointing an officer to represent her.

What did the court decide?

The Tribunal order was set aside. The Maintenance Tribunal was directed to reconsider the application considering all aspects mandated in Ext.P3 judgment within one month.

Smt.Geetha Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶4

FRIDAY, THE 22^ND DAY OF JULY 2022 / 31ST ASHADHA, 1944

¶5

WP(C) NO. 447 OF 2020

¶6

PETITIONERS:

¶7

1 SMT.GEETHA AGED 58 YEARS W/O. UDAYAKUMAR, 'ARAMYA', MANGALATHUVILA, VALIYAKADA, CHIRAYINKIL, THIRUVANANTHAPURAM, PIN – 695 304. 2 DEEPA AGED 51 YEARS W/O. UDAYAKUMAR, 'SREYAS', SREEVILASAM NAGAR, 101 V, VADAKKEVILA, KOLLAM, PIN – 691 010. BY ADVS. M.RAJENDRAN NAIR SMT.M.SANTHY

¶8

RESPONDENTS:

¶9

1 STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, KUDAPPANAKUNNU P. O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 043. 2 SUB COLLECTOR & MAINTENANCE TRIBUNAL, THIRUVANANTHAPURAM, KUDAPPANAKUNNU P. O., THIRUVANANTHAPURAM DISTRICT, PIN – 695 043. 3 SMT. MALATHY, W/O. SIVANANDAN, CHARUVILA VEEDU, MELVETTOOR P. O., VETTOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN – 695 312. R1 & R2 - SMT. K. V RESHMI – GP R3 - SMT.G.VIDYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶10

W.P.(C).No.447 OF 2020

¶11

¶12

JUDGMENT

¶13

The 3^rd respondent approached the Maintenance Tribunal under Section 5 of the Maintenance and

¶14

Welfare of Parents and Senior Citizens Act, 2007, (for short 'the Act') against the petitioners, and the Tribunal, by order dated 24.04.2015, allowed the petition granting maintenance allowance of Rs.5,000/- each from the petitioners. The said order was challenged before this Court and by Ext.P3 judgment, this Court directed the Maintenance Tribunal to re-consider the matter on the following

¶15

aspects:-

¶16

“i. whether the senior citizen, the third respondent is having any income to maintain her.

¶17

ii. whether the petitioners are having any income and liable to pay maintenance to the third respondent.

¶18

W.P.(C).No.447 OF 2020

¶19

¶20

iii. Whether any land has been given to the petitioners by the senior citizen.

¶21

iv. The petitioners and the third respondent shall appear before the Tribunal on 1.3.2016.

¶22

v. Thereafter, the Tribunal shall dispose the application within a further period of two months.”

¶23

Ext.P1 is the order passed by the

¶24

Maintenance Tribunal pursuant to Ext.P3. None of

¶25

the aspects directed to be considered by this Court in Ext.P3 has been adverted to or considered by the Maintenance Tribunal in Ext.P1. Ext.P1 order is therefore set aside being passed in total disregard to the directions of this Court in Ext.P3 judgment.

¶26

Accordingly, there will be a direction to the 2^nd respondent to re-consider the application of the 3^rd respondent for maintenance and pass orders in accordance with the directions in Ext.P3 judgment, with notice to the 3^rd respondent and the respondents

¶27

therein. Since it is stated that the 3^rd respondent is

¶28

W.P.(C).No.447 OF 2020

¶29

¶30

aged 93 years, the Maintenance Officer appointed under Section 18 of the Act, if request ed by the 3^rd respondent shall represent the 3^rd respondent in the proceedings before the Tribunal. Orders as above shall be passed within a period of one month from the date of receipt of a copy of this judgment.

¶31

The writ petition is disposed of with the above direction.

¶32

Sd/-

¶33

MURALI PURUSHOTHAMAN JUDGE

¶34

SPR

¶35

W.P.(C).No.447 OF 2020

¶36

¶37

APPENDIX

¶38

PETITIONER'S EXHIBITS:-

¶39

EXHIBIT P1	TRUE	COPY	O	F ORDE	R OF MAINTENANCE
	TRIBU	NAL DA	TED	12.11.2	019.
EXHIBIT P2	TRUE	COPY	OF	NOTICE	TO 1ST PETITIONER
	FROM	MA	INTE	NANCE	TRIBUNAL DATED
	02.11	.2019.
EXHIBIT P3	TRUE	COPY	OF	JUDGMENT	IN WPC.17450/2015
	DATED	11.02	.20	16.

¶40

RESPONDENTS EXHIBITS: NIL.

Smt.Geetha v. State of Kerala

Case brief

What is this about?

What did the court decide?

Smt.Geetha v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashla Roy Vs Kerala State Electricity Board - Kseb

V.P.Paul Vs the Secretary

Nandanan P, Vs Secretary

Vidyashree K. Vs Kerala State Electricity Board

Ravi.C Vs the Purathur Grama Panchayath

Sasikumar N., Vs the Regional Transport Authority