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2015 Supreme(Ker) 1234

A.MUHAMED MUSTAQUE
Radhamani – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : N. Ashok Kumar.
For the Respondents:M. Ramesh Chander, Senior Advocate, Gikku Jacob, Government Pleader, Aneesh Joseph and Dennis Varghese.

JUDGMENT :

A. Muhamed Mustaque, J.

1. An interesting question of importance arises for consideration in this writ petition in the context of Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to for brevity, as 'the Senior Citizens Act, 2007'). Late Gopalakrishnan Nair was a wealthy businessman at Mumbai. He belonged to Kerala. Late Gopalakrishnan Nair approached the Maintenance Tribunal under Senior Citizens Act, 2007. His relief before the Tribunal inter alia was for declaration of settlement deed bearing No. 1297/2013 dtd.03/06/2013 of Bharanikkavu Sub Registry as null and void.

2. The settlement deed had been executed by the late Gopalakrishnan Nair in the name of the petitioners herein. The first petitioner herein is his niece and the fourth petitioner is the nephew of the late Gopalakrishnan Nair. The remaining petitioners are the children of the first petitioner.

3. The respondents 6 to 9 are the widow and children of late Gopalakrishnan Nair. It appears that late Gopalakrishnan Nair came down to Kerala to settle down here, after leaving his business and all immovable properties to be taken care of by his wife and children. While














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