High Court of Kerala dismissed writ petition on its own motion as per withdrawn. Petitioner sought permission to withdraw the petition to pursue remedy under Rule 19 of the Kerala Maintenance Tribunal Rules and avail maintenance benefits.
Writ petition dismissed as withdrawn with liberty to avail remedy under Rule 19 of Kerala Maintenance Tribunal Rules.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944 WP(C) NO. 1273 OF 2023
PETITIONER/S:
RADHA NATARAJAN AGED 83 YEARS W/O LATE NATARAJAN RESIDING AT 'KEERAMBILLI HOUSE' 'T' SQUARE ROAD PACHALAM, ERNAKULAM, PIN - 682012 BY ADVS. M.H.ASIF ALI S.MUHAMMED HANEEFF SWETHAMBILY C. RAJANA JOSE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM , PIN - 695001 2 THE REVENUE DIVISIONAL OFFICER/MAINTENANCE TRIBUNAL (ESTABLISHED UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007), ERNAKULAM OFFICE OF THE REVENUE OFFICER 1 ST FLOOR, K.B JACOB ROAD, FORT KOCHI, ERNAKULAM, PIN - 682001 3 THE DISTRICT COLLECTOR/ APPELLATE TRIBUNAL (ESTABLISHED UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007), ERAKULAM CIVIL STATION, KAKKANAD ERNAKULAM, PIN - 682030 4 DISTRICT SOCIAL WELFARE OFFICER DISTRICT SOCIAL JUSTICE OFFICE, CIVIL STATION, THRIKKAKARA KAKKANAD, ERNAKULAM, PIN - 682031 5 STATION HOUSE OFFICER, ERAKULAM TOWN NORTH POLICE STATION, CHITTOOR ROAD, KACHERIPADY ERNAKULAM, PIN - 682018
WP(C) NO. 1273 OF 2023
2
6 RAMESHAN S/O NATARAJAN 'KEERAMBILLI HOUSE', 'T' SQUARE ROAD. PACHALAM, ERNAKULAM, PIN - 682012 7 UMESHAN K.N S/O LATE. NATARAJAN KEERAMBILLI HOUSE, VADUTHALA JETTY ROAD, MANIMOOPPAN CROSS ROAD, CHERANALLUR, ERNAKULAM - , PIN - 682034
8 SURESH S/O NATARAJAN, KEERAMBILLI HOUSE, MATTUMMEL, CHERANNALLUR, ERNAKULAM , PIN - 682031
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1273 OF 2023
3
JUDGMENT
Petitioner seeks permission to withdraw the writ petition to
avail the remedy under Rule 19 of the Kerala Maintenance Tribunal Rules.
Accordingly, the writ petition is dismissed as withdrawn with the aforementioned liberty.
Sd/-
sab
AMIT RAWAL
JUDGE
WP(C) NO. 1273 OF 2023
4
APPENDIX OF WP(C) 1273/2023
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE PETITION/ COMPLAINT DT. 24.02.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE JUDGMENT DT. 29.05.2018 IN WP(C) NO.17410/2018 ON THE FILE OF THIS HON'BLE COURT |
| Exhibit P3 | A TRUE COPY OF THE ORDER BEARING NO. S-821 /18/K.DIS DT. 25.09.2018 ISSUED BY THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION |
| Exhibit P4 | A TRUE COPY OF THE BILL ISSUED BY THE LOURDES HOSPITAL TO THE PETITIONER DATED 04/03/2019 |
| Exhibit P5 | A TRUE COPY OF THE JUDGMENT DT.16.07.2020 IN WP (C) NO. 33864 OF 2019 ON THE FILES OF THIS HON'BLE COURT |
| Exhibit P6 | A TRUE COPY OF THE LETTER SUBMITTED BY COUNSEL FOR THE PETITIONER DATED 03.01.2023 TO THE 2ND RESPONDENT |
1 issue framed by the court
Whether permission to withdraw the writ petition to avail remedy under Rule 19 of the Kerala Maintenance Tribunal Rules should be granted.
RADHA NATARAJAN
STATE OF KERALA
THE REVENUE DIVISIONAL OFFICER/MAINTENANCE TRIBUNAL
THE DISTRICT COLLECTOR/ APPELLATE TRIBUNAL
DISTRICT SOCIAL WELFARE OFFICER
STATION HOUSE OFFICER
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
