Saju Krishnan Vs The Sub Collector And Presiding Officer

High Court Of Kerala 26 Nov 2024 Writ Petition (C) No. 40999 Of 2024 (2024) 11 KL CK 0039
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No. 40999 Of 2024

Hon'ble Bench

D. K. Singh, J

Advocates

M.Hemalatha, S. Gopinathan

Final Decision

Dismissed

Acts Referred
  • Constitution of India, 1950 - Article 226
  • Maintenance and Welfare of Parents and Senior Citizens Act 2007 - Section 23

Judgement Text

Translate:

D. K. Singh, J

1. The present writ petition under Article 226 of the Constitution of India has been filed impugning the order passed in Ext.P8 by the Maintenance Tribunal, the 1st respondent, constituted under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act 2007 (for short, ‘Act of 2007’) in RDO-NDD/333/2024-H/K.Dis.

2. The petitioners are the sons of the 4th respondent, who is 78 years of age. The 4th respondent approached the Maintenance Tribunal against the petitioners against their neglect to maintain him and provide the requisite provisions to lead his dignified life. The Conciliation proceedings failed between the parties. After considering the report of the Conciliation Officer and noticing that the parties were not willing to settle the dispute mutually acceptable to them, passed an Order under Section 23 of the Act of 2007 cancelling the settlement of property in favour of the petitioners.

3. Looking at the facts and circumstances of the case, and the settlement deed, this Court finds no error in the impugned order passed by the Maintenance Tribunal.

Therefore, the writ petition is hereby dismissed.

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