Disposed

Shylaja v. State of Kerala

Kerala HC4 Jun 2024WP(C)/23007/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an interim maintenance order passed under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, against the petitioner. The court directed the Tribunal to complete proceedings and pass a final order after hearing both parties, suspending the interim order until execution of the order. The case was decided to ensure due process

What did the court decide?

Directed the Tribunal to complete proceedings and pass final orders within 3 months; interim order suspended pending final orders.

Shylaja Vs State of Kerala — Pension and Retirement Benefits | 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 GOPINATH P.

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TUESDAY, THE 4^TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946

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WP(C) NO. 23007 OF 2021

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PETITIONER/S:

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SHYLAJA

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AGED 54 YEARS, W/O.SUDHARSAN, ANCHUTHAYIL HOUSE, THUMPOLI.P.O,-688008, ARYADSOUTH VILLAGE, AMBALAPUZHA TALUK.

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BY ADVS. ANTONY MATHEW RICHIN MATHEW

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE MAINTENANCE TRIBUNAL(REVENUE DIVISIONAL OFFICER), OFFICE OF RDO, ALAPPUZHA-688001.

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3 RAJAMMA,

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AGED 65 YEARS W/O.PONNAPPAN, RESIDING AT PARALILVALIYIL, AREEPARAMBU.P.O, AREEPARAMBU VILLAGE, CHERTHALA, ALAPPUZHA-688524.

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SRI.VENUGOPAL V., GOVT. PLEADER.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.23007/2021

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J U D G M E N T

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This writ petition has been filed challenging Ext.P1 order of the Tribunal constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ('the 2007 Act'). The primary contention taken in the writ petition is that Ext.P1 order is issued without notice to the petitioner. Exhibit P1 is an interim order of maintenance in favour of the 3^rd respondent, who is the mother of the petitioner. According to the petitioner the petitioner is herself living in penury and is not in a position to pay any maintenance to the 3^rd respondent. It is stated that the petitioner is living along with her husband at the mercy of her son. It is submitted that the 3^rd respondent had transferred certain properties to another of her children and has now approached the Maintenance Tribunal claiming maintenance from the petitioner. Despite issuance of notice, there is appearance for the 3^rd respondent.

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When this matter is called on today, there is no appearance for the petitioner as well. Considering the averments in the writ petition and considering the fact that Ext.P1 is only an interim order, I am of the opinion that this writ petition can be disposed of directing the 2^nd respondent Tribunal to complete the proceedings and pass final orders on claim / petition submitted by the 3^rd respondent (if not already disposed of) after affording an

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W.P (C) No.23007/2021

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opportunity of hearing to the petitioner and the 3^rd respondent. Till such time as orders are passed by the 2^nd respondent, Ext.P1 order shall remain suspended. The 2^nd respondent Tribunal shall endeavor to pass orders as directed within a period of 3 months from the date of receipt of a certified copy of this judgment.

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Sd/- GOPINATH P. JUDGE

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AMG

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W.P (C) No.23007/2021

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APPENDIX OF WP(C) 23007/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.KDS 679/20/E DATED 31.08.2021 ISSUED BY THE 2ND RESPONDENT WHICH RECEIVED BY THE PETITIONER FROM HER DAUGHTER.

Shylaja v. State of Kerala

Case brief

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Shylaja v. State of Kerala

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