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Priya Nair R vs The District Collector And … on 20 June, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941

WP(C).No.42385 of 2018

PETITIONER/S:

PRIYA NAIR R.
AGED 44 YEARS
W/O RANJITH J J,TC NO
9/1232,TRRVVAS,PROIYA,SHASTHAMANGALAM,THIRUVANANTHAPURAM

BY ADV. SRI.DEVAPRASANTH.P.J.

RESPONDENT/S:
1 THE DISTRICT COLLECTOR AND MAINTENANCE APPELLATE TRIBUNAL
TRIVANDRUM

2 THE SUB COLLECTOR AND MAINTENANCE TRIBUNAL,
TRIVANDRUM

3 PADMAJA NAIR,
W/O LATE GV NAIR,TC 27/1232,KRISHNA
VIHAR,VANCHIYOOR,THIRUVANANTHAPURAM

BY ADV. SRI.V.VINAR

OTHER PRESENT:
SRRI.N.B.SUNILNATH-GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2019, ALONG
WITH WP(C).42654/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.42385 42654 of 2018

2

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

THURSDAY, THE 20TH DAY OF JUNE 2019 / 30TH JYAISHTA, 1941

WP(C).No.42654 of 2018

PETITIONER/S:
PADMAJA NAIR
AGED 72 YEARS
RESIDING AT T.C.9/1399, LAKSHMI PRIYA, SURYA GARDENS,
SASTHAMANGALAM, THIRUVANANTHAPURAM-10.

BY ADV. SRI.P.M.UNNI NAMBOODIRI

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO THE STATE OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM-695001.

2 THE DISTRICT COLLECTOR,
(PRESIDING OFFICER -THIRUVANANTHAPURAM DISTRICT COLLECTOR AND
MAINTENANCE APPELLATE TRIBUNAL), OFFICE OF THE DISTRICT
COLLECTOR, 2ND FLOOR CIVIL STATION BUILDING, CIVIL STATION
ROAD, THIRUVANANTHAPURAM-695043.

3 THE SUB INSPECTOR OF POLICE,
MUSEUM POLICE STATION, MUSEUM, THIRUVANANTHAPURAM-695033

4 THE DISTRICT SOCIAL WELFARE OFFICER,
INSTITUTION COMPLEX, NEAR VOCATIONAL TRAINING CENTRE AND KSSM,
POOJAPPURA, THIRUVANANTHAPURAM-695 012.

5 THE VILLAGE OFFICER,
OFFICE OF THE VILLAGE OFFICER-VANCHIYOOR, VANCHIYOOR-695038

6 PRIYA NAIR,
C/O. RENJITH, D.G.M. -K.S.I.D.C, TC.XI/266,KESTON ROAD,
KOWDIAR, THIRUVANANTHAPURAM-695 003 (OFFICE PH. 0471-2318922)

BY ADV. SRI.DEVAPRASANTH.P.J.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2019, ALONG
WITH WP(C).42385/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.42385 42654 of 2018

3

JUDGMENT

I am considering these two writ petitions jointly, since the

order involved in these cases are the same; with one of the

petitioners asking for the same to be implemented, while the

other praying it to be vacated.

2. The petitioner in W.P.(C)No.42385/2018, Smt.Priya

Nair, is the daughter of the petitioner in W.P.(C)No.42654/2018

Smt.Padmaja Nair. For the sake of convenience, I will be

referring to the parties by name in this judgment.

3. Smt.Padmaja Nair appears to have approached the

Maintenance Tribunal against Smt.Priya Nair, alleging that her

daughter was not taking care of her, which led to an order, dated

25/9/2015, being passed by the said Tribunal, constituted under

the provisions of the Maintenance and Welfare of Parents and

Senior Citizens Act (‘SectionMaintenance Act’ for short), a copy of which

has been produced on record as Ext.P3 in W.P.(C)No.42385/2018

directing Smt.Priya Nair to pay her Rs.7,500/- per month as

monthly maintenance. The allegation of Smt.Priya Nair is that

subsequently her mother, Smt.Padmaja Nair, wrote a letter to the

Hon’ble Minister for Revenue, which was transmitted to the
WP(C).No.42385 42654 of 2018

4

District Collector, Thiruvananthapuram, who then unilaterally

acted as the Appellate Tribunal under the provisions of the Act

and issued Ext.P4 order enhancing the maintenance amount from

Rs.7,500/-, as ordered in Ext.P3, to Rs.10,000/-. This order has

been placed on record as Ext.P4 in W.P.(C)No.42385/2018.

Smt.Priya Nair, asserts that Ext.P4 is incompetent in law and that

the Appellate Tribunal has arrogated to itself powers which it did

not have while considering the petition by her mother,

Smt.Padmaja Nair, routed through the Minister of Revenue.

4. While so, W.P.(C)No.42654/2018 was filed by

Smt.Padmaja Nair, requiring directions to the official respondents

to implement the orders of the Maintenance Tribunal and the

Appellate Tribunal. She asserts in this writ petition that, in spite

of the directions therein, Smt.Priya Nair is not paying her even

Rs.7,500/- per month and prays that action be taken against her

in terms of law.

5. On an earlier occasion, when this matter was

considered by me, as requested by the learned counsel for the

parties, they were relegated to the Mediation Centre for an out of

Court settlement, but I am told that such efforts have not yielded

fruit. I therefore, proceed to dispose of this matter on its merits.
WP(C).No.42385 42654 of 2018

5

6. I have heard Smt.Smini Jose, the learned counsel

appearing for Smt.Priya Nair and Sri.Unni Namboothiri, the

learned counsel engaged by the Kerala State Legal Service

Authority on behalf of Smt.Padmaja Nair; Sri.N.B.Sunilnath, the

learned Senior Government Pleader.

7. I notice that there is no challenge to the order of the

Maintenance Tribunal, a copy of which has been placed on record

as Ext.P3 in W.P.(C)No.42385/2018; and therefore, the prayer of

Smt.Padmaja Nair to have it implemented is virtually without

contest.

8. Resultantly, the only issue in dispute between the

parties is with respect to the order issued by the Appellate

Tribunal, a copy of which has been placed on record as Ext.P4 in

W.P.(C)No.42385/2018, which Smt.Priya Nair says that has been

issued by the said Authority without competence.

9. I find some force in the submissions of Smt.Smini

Jose, the learned counsel for Smt.Priya Nair, because, the

Appellate Authority appears to have assumed jurisdiction on the

basis of a letter issued by Smt.Padmaja Nair and routed through

the Minister of Revenue. I am sure that this is not the manner in
WP(C).No.42385 42654 of 2018

6

which the senior citizen should have approached the Appellate

Authority, particularly in view of Section 16 of the Act. I do not

propose to say anything further on this because I am of the firm

view that the provisions of law will have to be complied with both

sides when they invoke the statutory and equitable jurisdiction of

Courts.

In the afore perspective and since I find that Ext.P4 order

in W.P.(C)No.42385/2018 has been issued by an Authority whose

jurisdiction has not been invoked properly, I deem it appropriate

to set it aside; however, leaving full liberty to Smt.Padmaja Nair

to approach either the Appellate Authority under Section 16 of

the Act against the order of the Maintenance Tribunal or to seek

that the amount of maintenance be modified under Section 10 of

the Act by the Maintenance Tribunal itself.

I also leave her liberty to invoke all other remedies as may

be available to her in law and further direct Smt.Priya Nair to

comply with the directions of the Maintenance Tribunal, as is

available in Ext.P3 in W.P.(C)No.42385/2018, without fail. If these

directions are violated by Smt.Priya Nair, the Maintenance

Tribunal will ensure sufficient action is taken against her,

including by initiating processes as are authorized by the Act and
WP(C).No.42385 42654 of 2018

7

the Rules thereunder without any avoidable delay, so that the

senior citizen, Smt.Padmaja Nair, can live her life with dignity

and safety.

If the senior citizen, Smt.Padmaja Nair, approaches either

the Appellate Tribunal under Section 16 of the Act or the

Maintenance Tribunal under Section 10 of the Act, the said

Authorities will consider her appeal/application in terms of law,

as expeditiously as is possible, but not later than two months

thereafter and issue appropriate orders thereon.

These writ petitions are thus ordered.

Sd/-

DEVAN RAMACHANDRAN

rp JUDGE
WP(C).No.42385 42654 of 2018

8

APPENDIX OF WP(C) 42385/2018

PETITIONER’S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 31.1.2011

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 3.6.2016

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 25.9.2015

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 27.10.2018
WP(C).No.42385 42654 of 2018

9

APPENDIX OF WP(C) 42654/2018

PETITIONER’S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 27.10.2018 ISSUED BY
THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPORT ISSUED BY THE 4TH
RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER ISSUED BY THE SUB

COLLECTOR AND MAINTENANCE TRIBUNAL PRESIDING
OFFICER.

EXHIBIT P4 TRUE COPY OF SERIES OF RENT RECEIPTS(A) AND (B)
OF PUTTAPARTHI

EXHIBIT P5 TRUE COPY OF NOTICE TO R6 DATED 27.10.2018

EXHIBIT P6 THE TRUE COPY OF THE WILL EXECUTED BY G.V.NAIR IN
FAVOUR OF HIS WIFE PETITIONER HEREIN IN 2995.

EXHIBIT P7 THE TRUE COPY OF THE DOCUMENT NO.1647/2003 DATEAD
13/06/2003 EXECUTED BY THE PETITIONER IN FAVOUR
OF HIS GRANDSON.

EXHIBIT P8 THE TRUE COPY OF THE DOCUMENT NO.1647/2003 DATED
13/06/2003 EXECUTED BY THE PETITIONER IN FAVOUR
OF HIS GRANDSON.

EXHIBIT P9 THE TRUE COPY OF THE CANCELLATION DEED
NO.2416/2005 DATED 22/06/2005 EXECUTED BY THE
PETITIONER CANCELLING ALL THE DOCUMENTS EXECUTED
BY HER.

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE DISTRICT COLLECTOR
DATED 08/03/2019.

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