Disposed

Wilsy K, v. State of Kerala

Kerala HC7 Feb 2024WP(C)/16505/2023

Case brief

AI extract

What is this about?

Daughter challenged appellate order enhancing parents' monthly maintenance after rehearing ordered by the High Court. The court held the appeal had been decided by the same officer who passed the original Tribunal order, vitiating it for bias, set aside the order, and directed fresh reconsideration by the new Appellate Authority.

What did the court decide?

Appellate order Ext.P12 set aside; fresh decision by Appellate Authority within two months after hearing parties; interim maintenance of ₹1,000 per month to continue pending fresh order.

Wilsy K, Vs State of Kerala — Maintenance and Alimony | Kerala HC (2024)

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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 N.NAGARESH
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024/18TH MAGHA, 1945
WP(C) NO. 16505 OF 2023

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PETITIONER:

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WILSY K,
AGED 53 YEARS, KOOTARAPALLIL HOUSE,
ANGADIKADAVU, AYYANKUNNU,
KANNUR DISTRICT, PIN – 670 706.

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BY ADVS.

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C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, FAMILY AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001.

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2 THE DISTRICT COLLECTOR, (MAINTENANCE APPELLATE TRIBUNAL), CIVIL STATION, KANNUR,PIN – 670 001.

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3 THE MAINTENANCE TRIBUNAL & SUB COLLECTOR, THALASSERY, KANNUR, PIN – 670 001.

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4 ANNAKUTTY JOSEPH, W/O. JOSEPH, KOOTARAPALLIL HOUSE, ANGADIKADAVU, AYYANKUNNU, KANNUR DISTRICT, PIN – 670 706.

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5 JOSEPH, S/O. VARKEY, KOOTARAPALLIL HOUSE, ANGADIKADAVU, AYYANKUNNU, KANNUR DISTRICT, PIN – 670 706.

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W.P.(C) Nos.16505 and 28242 of 2023

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: 2 :

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6LINCY JOSEPH,
W/O. ANIL JOSEPH, PUTHANPARAMBIL HOUSE,
VELLARPALLI P.O., PERAVOOR,
KANNUR DISTRICT, PIN – 670 673.

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BY ADVS.

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REKHA C. NAIR, SENIOR GOVERNMENT PLEADER
K.V.PAVITHRAN, FOR R4
JAYANANDAN MADAYI PUTHIYAVEETTIL
P.P.RAMACHANDRAN
JITHIN S SUNDARAN
ADARSH KURIAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, ALONG WITH WP(C).28242/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.16505 and 28242 of 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 N.NAGARESH

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024/18TH MAGHA, 1945
WP(C) NO. 28242 OF 2023

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PETITIONER:

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ANNAKUTTY JOSEPH

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AGED 77 YEARS, W/O JOSEPH,
KOOTARAPALLIL HOUSE, ANGADIKADAVU-AYYANKUNNU,
KANNUR DISTRICT, PIN – 670 706.

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BY ADVS.

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K.V.PAVITHRAN
JAYANANDAN MADAYI PUTHIYAVEETTIL
JITHIN S SUNDARAN
ADARSH KURIAN

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE SECRETARY,
FAMILY AND WELFARE DEVELOPMENT,
GOVERNMENT SECRETARIAT, THIRUVANAMTHAPURAM,
PIN – 695 001.

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2DISTRICT COLLECTOR
(MAINTENANCE APPELLATE TRIBUNAL,
CIVIL STATION, KANNUR, PIN – 670 001.)

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3 THE MAINTENANCE TRIBUNAL AND SUB COLLECTOR THALASSERY, KANNUR, PIN – 670 001.

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4WILSY K
AGED 53 YEARS, W/O. BALAN,
KOOTARAPALLIL HOUSE, ANGADIKADAVU,
AYYANKUNNU, KANNUR DISTRICT,
PIN – 670 706.

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W.P.(C) Nos.16505 and 28242 of 2023

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BY ADV PEETHAMBARAN C P, FOR R4 REKHA C NAIR, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, ALONG WITH WP(C).16505/2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.16505 and 28242 of 2023

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JUDGMENT

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Dated this the 7^th day of February, 2024

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[W.P.(C) Nos.16505 and 28242 of 2023]

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The petitioner in W.P.(C) No.16505 of 2023 is the

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daughter of respondents 4 and 5 in W.P.(C) No.16505 of 2023. Respondents 4 and 5 filed a complaint before the Maintenance Tribunal. The Maintenance Tribunal as per Ext.P7 order in W.P.(C) No.16505 of 2023 directed the petitioner to pay an amount of ₹1,000/- as maintenance every month. Ext.P7 order was taken in appeal. The Appellate Authority as per Ext.P10 order in W.P.(C) No.16505 of 2023 enhanced the maintenance amount from ₹1,000/- to ₹2,500/-.

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Aggrieved by Ext.P10 order, the petitioner filed W.P.(C) No.33037 of 2019. This Court set aside the impugned order and directed the Appellate Tribunal to re-hear the appeal and pass fresh order after affording an

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W.P.(C) Nos.16505 and 28242 of 2023

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opportunity of hearing to the parties. The petitioner states that by this time, the original authority, who manned the Tribunal had become the Appellate Authority by Departmental promotion. The Appellate Authority as per Ext.P12, heard the matter again and ordered to pay ₹2,500/as maintenance, thereby confirming Ext.P10 order.

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I have heard the learned Counsel appearing for the petitioner in W.P.(C) No.16505 of 2023 and the learned Counsel appearing for the 4^th respondent in W.P.(C) No.16505 of 2023. I have also heard the learned Government Pleader representing respondents 1 to 3.

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Though the parties on either side advanced arguments on the merits of the case, I do not intend to go into the merits of the case, since the order now passed by the Appellate Authority pursuant to Ext.P11 judgment suffers from the vice of bias . It is seen from Exts.P7 and P12 that the very same person, who passed the original order as Maintenance Tribunal has considered the appeal and passed Ext.P12 order, confirming an earlier order passed by himself.

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W.P.(C) Nos.16505 and 28242 of 2023

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When the appeal is considered by the same authority, which passed the original order, it has to be taken that the order is bad for bias . In the circumstances, Ext.P12 cannot stand the scrutiny of law.

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Ext.P12 is therefore set aside. It is submitted by the Government Pleader that the official, who passed Ext.P12 order, is no more holding the post and another officer is holding the post of Appellate Authority. The Appellate Authority is directed to reconsider the matter as directed by this Court in Ext.P11 judgment and pass orders afresh. Orders shall be passed afresh after giving an opportunity of hearing to the petitioner in W.P.(C) No.16505 of 2023 and to the affected parties within a period of two months. The petitioner will continue to pay the maintenance as ordered by Ext.P7 till the Appellate Authority takes a decision. All conditions raised by the parties are left open.

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The writ petition is disposed of as above.

Sd/-

N. NAGARESH

JUDGE

AMR

W.P.(C) Nos.16505 and 28242 of 2023

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APPENDIX OF WP(C) 16505/2023

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE SETTLEMENT DEED NO.
1208/2007 OF SRO., ULIYIL.

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Exhibit P2TRUE COPY OF THE CERTIFICATE DATED
7/11/2018 ALONG WITH LOAN SANCTION
COMMUNICATION ISSUED BY THE KERALA
GRAMIN BANK, ANGADIKADAVU.
Exhibit P3TRUE COPY OF THE SENIOR CITIZENS RED
CARPET HEALTH INSURANCE POLICE ISSUED
BY THE STAR HEALTH AND ALLIED
INSURANCE CO. LTD.

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Exhibit P4TRUE COPY OF THE ORDER DATED 3/10/2017
IN I.A. NO. 2327/2017 IN O.S. NO.
267/2017OFMUNSIFFCOURT,
KUTHUPARAMBA.

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Exhibit P5TRUE COPY OF THE NOTICE DATED
12/12/2017 ISSUED BY THE KERALA STATE
WOMEN'S COMMISSION.

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Exhibit P6TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT COLLECTOR DATED 10.5.2019.
Exhibit P7TRUE COPY OF THE ORDER DATED
23.11.2017 OF THE 3RD RESPONDENT.
Exhibit P8TRUE COPY OF THE APPEAL DATED
12/9/2018 PREFERRED BY THE RESPONDENTS
4 AND 5 BEFORE THE 2ND RESPONDENT.

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Exhibit P9TRUE COPY OF THE OBJECTION DATED
8/11/2018 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
Exhibit P10TRUE COPY OF THE ORDER DATED
24.12.2018 OF THE 2ND RESPONDENT.

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W.P.(C) Nos.16505 and 28242 of 2023

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Exhibit P11TRUE COPY OF THE JUDGMENT DATED
4/2/2022 IN WP(C ) NO. 33037/2019 OF
THIS HON'BLE COURT.
Exhibit P12TRUE COPY OF THE ORDER DATED 10/4/2023
OF THE 2ND RESPONDENT.

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RESPONDENTS’ EXHIBIT

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Exhibit R 4 (a)THE DISABILITY CERTIFICATE ISSUED BY
DISTRICT HOSPITAL KANNUR.

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W.P.(C) Nos.16505 and 28242 of 2023

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APPENDIX OF WP(C) 28242/2023

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PETITIONER’S EXHIBITS

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`Exhibit`	`P1`	`THE` `23/11`	`TRUE` `/2017`	`COPY OF` `PASSED BY`	`THE` `RES`	`ORDER` `PONDENT N`	`DATE.` `O.3.`
`Exhibit`	`-P2`	`TRUE` `23/10`	`COP` `/2018`	`Y OF T` `ISSUED BY`	`HE` `RES`	`ORDER` `PONDENT N`	`DATED` `O.2.`
`Exhibit`	`P3`	`TRUE` `ISSUE`	`COPY` `D BY`	`OF THEORDE` `RESPONDENT`	`R DA` `NO.`	`TED 10/0` `2.`	`4/2023`
`Exhibit`	`P4`	`TRUE` `CERTI` `HOSPI`	`CO` `FICAT` `TAL K`	`PY` `OF` `E` `ISSUE` `ANNUR.`	`THE` `D`	`DISA` `BY` `DI`	`BILITY` `STRICT`
`Exhibit`	`P5`	`TRUE` `19/06` `IRITT`	`COPY` `/2017` `Y.`	`OF THE DI` `ISSUED B`	`SCHA` `Y NI`	`RGE BILL` `KHIL HOS`	`DATE` `PITAL,`
`Exhibit`	`P 5 (a)`	`THE` `DATE.` `HOSPI`	`TRUE` `26/` `TAL,`	`COPY OF T` `07/2019` `IRITTY.`	`HE` `ISSUE`	`DISCHARGE` `D BY`	`BILL` `NIKHIL`
`Exhibit`	`P 5 (b)`	`THE` `DATE.`	`TRUE` `26/0`	`COPY OF` `1/2020.`	`THE`	`MEDICAL`	`BILL`
`Exhibit`	`P 5 (c)`	`THE` `DATE.`	`TRUE` `24/0`	`COPY OF` `2/2020.`	`THE`	`MEDICAL`	`BILL`
`Exhibit`	`P 5 (d)`	`THE` `DATE.`	`TRUE` `26/0`	`COPY OF` `2/2020.`	`THE`	`MEDICAL`	`BILL`
`Exhibit`	`P 5 (e)`	`THE` `DATE.`	`TRUE` `07/0`	`COPY OF` `4/2020.`	`THE`	`MEDICAL`	`BILL`
`Exhibit`	`P 5 (f)`	`THE` `DATE.`	`TRUE` `05/0`	`COPY OF` `9/2020.`	`THE`	`MEDICAL`	`BILL`

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W.P.(C) Nos.16505 and 28242 of 2023

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`Exhibit P 5 (g)`	`THE T` `DATE.` `MEDICA`	`RUE COPY` `03/02/20` `LS.`	`OF THE MEDICAL BILL` `21 ISSUED BY NCM`
`Exhibit P 5 (h)`	`THE T` `DATE.` `GANDHI`	`RUE COPY` `23/10/20` `CO-OPERAT`	`OF THE MEDICAL BILL` `21 ISSUED BY INDIRA` `IVE HOSPITAL.`
`Exhibit P 5 (i)`	`THE T` `DATE.` `GANDHI`	`RUE COPY` `27/10/20` `CO-OPERAT`	`OF THE MEDICAL BILL` `21 ISSUED BY INDIRA` `IVE HOSPITAL.`
`Exhibit P 5 (j)`	`THE T` `DATE.` `GANDHI`	`RUE COPY` `30/10/20` `CO-OPERAT`	`OF THE MEDICAL BILL` `21 ISSUED BY INDIRA` `IVE HOSPITAL.`
`Exhibit P 5 (k)`	`THE T` `DATE.` `GANDHI`	`RUE COPY` `24/01/20` `CO-OPERAT`	`OF THE MEDICAL BILL` `22 ISSUED BY INDIRA` `IVE HOSPITAL.`

Wilsy K, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Wilsy K, v. State of Kerala

Case brief

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