Disposed

Mary Teresa Gladys M.P v. the District Collector Ernakulam

Kerala HC12 Jan 2023WP(C)/234/2023

Case brief

AI extract

What is this about?

The High Court of Kerala issued directions under the Maintenance and Welfare of Parents and Senior Citizens Act for an appellate authority to decide an interim stay application within a week and the appeal within 45 days.

What did the court decide?

Directing the appellate authority to decide the interim stay application within one week and the appeal within 45 days.

Mary Teresa Gladys M.P Vs the District… — Pension and Retirement Benefits | Kerala HC (2023)

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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 AMIT RAWAL

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THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

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WP(C) NO. 234 OF 2023

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PETITIONER:

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MARY TERESA GLADYS M.P.,
AGED 74 YEARS,
MARY TERESA GLADYS M.P, AGED 74 YEARS,
W/O. P.T. JOSEPH, PANAKKAL HOUSE, PORT AVENUE,
PANANGAD, ERNAKULAM DISTRICT, PIN – 682506

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BY ADVS.
SHERRY J. THOMAS
JOEMON ANTONY
ANTONY NILTON REMELO

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RESPONDENTS:

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1THE DISTRICT COLLECTOR, ERNAKULAM,
1ST FOOR OF CIVIL STATION, ECHAMUKU, KUNNUMPURAM,
KAKKANAD, KOCHI, KERALA , PIN – 682030

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2 THE REVENUE DIVISIONAL OFFICER, TALUK OFFICE, FORTKOCHI., PIN – 682001

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3 MARY GREETY P.J., W/O DOMINIC SHIBU ANTONY, DOOR NO. 134, DEVE RAJ COMPOUND, A.D.T COLONY, CONOOR, NILGIRI, TAMILNADU, PIN – 643101

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4 SEBIN JOSEPH, PANAKKAL HOUSE, PORT AVENUE, PANANGAD, ERNAKULAM DISTRICT., PIN – 682506

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5 MELBIN, PANAKKAL HOUSE, PORT AVENUE, PANANGAD, ERNAKULAM DISTRICT, PIN – 682506

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BY ADV.

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SRI.SUNIL KUMAR KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 234 OF 2023 -2-

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JUDGMENT

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Petitioner has approached this Court for issuance of a writ in the nature of mandamus directing the appellate authority under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 for speedy disposal of the appeal preferred against the order of the Sub-Collector dismissing the petition fled under section 4(1) of the Act i on various grounds.

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Issue notice before admission. Learned

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Government Pleader accepts notice for respondents 1 and 2.

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The order impugned in the appeal is dated 01.12.2022 and only one month has expire d. There is an application for interim relief also, along with the appeal.

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I am of the view that ends of justice would be met by directing the appellate authority i.e., District Collector, to decide the application for interim stay within a period of one week and the appeal within a

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WP(C) NO. 234 OF 2023 -3-

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period of 45 (forty-five) days from the date of receipt of a certified copy of this judgment. Writ petition stands disposed off.

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Sd/-

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AMIT RAWAL JUDGE

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vv

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WP(C) NO. 234 OF 2023 -4-

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APPENDIX OF WP(C) 234/2023

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PETITIONER EXHIBITS

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Exhibit P1THE SETTLEMENT DEED, DATED 07-05-2018
Exhibit P2THE TRUE COPY OF MEDICAL REPORT DATED
8-5-2018, WHICH SHOWS THAT FROM 19-4-
2018 TO 08/05/2018 THE PETITIONER'S
HUSBAND WAS IN HOSPITAL
Exhibit P2ATHE TRUE COPY OF MEDICAL CERTIFICATE
DATED 26/11/2022 WHICH CERTIFIES THAT
THE PETITIONER IS UNDERGOING TREATMENT
Exhibit P3THE TRUE COPY OF THE PETITION DATED
18-2-2022, SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE MAINTENANCE
TRIBUNAL
Exhibit P3ATHE TRUE COPY OF THE ENGLISH
TRANSLATION OF THE OF THE PETITION,
DATED NIL, SUBMITTED BY THE PETITIONER
BEFORE THE HON'BLE MAINTENANCE
TRIBUNAL
Exhibit P4TTHE TRUE COPY OF THE IMPUGNED ORDER
OF THE HON'BLE MAINTENANCE TRIBUNAL
DATED 28-10-2022
Exhibit P4ATHE TRUE COPY OF THE ENGLISH
TRANSLATION OF THE IMPUGNED ORDER OF
THE HON'BLE MAINTENANCE TRIBUNAL DATED
28-10-2022
Exhibit P5THE TRUE COPY OF THE APPEAL TO
DISTRICT COLLECTOR DATED 01-12-2022
Exhibit P5ATHE TRUE COPY OF THE RECEIPT DATED 02-
12-2022 OF EXHIBIT P5 APPEAL

Mary Teresa Gladys M.P v. the District Collector Ernakulam

Case brief

What is this about?

What did the court decide?

Mary Teresa Gladys M.P v. the District Collector Ernakulam

Case brief

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What did the court decide?

What the court decided

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