Antony Scaria vs District Collector, Kottayam and The Maintenance Appellate Tribunal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Ker) 276

S.MANIKUMAR, SHAJI P.CHALY
Antony Scaria – Appellant
Versus
District Collector, Kottayam and The Maintenance Appellate Tribunal – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sri. Joseph George, Sri. Bijo Thomas George, Smt. Nicey A. Menon
Sri. P.A. Rejimon, Advs.
For the Respondent: Sri. Surin George IPE, Government Pleader, Sri. Muhammed Haneef, Adv.

Judgement Key Points

The core question addressed in this judgment is whether the proceedings before the Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can continue after the death of a senior citizen or a parent, particularly whether legal heirs or relatives are entitled to pursue or maintain such proceedings or appeals initiated by the deceased senior citizen. The judgment examines the nature of the rights conferred under the Act, emphasizing that these rights are personal to the senior citizen and do not extend to heritable or proprietary rights that can be pursued by legal heirs after her death (!) (!) (!) .

JUDGMENT :

S.MANIKUMAR, J.

Instant writ appeal has been filed challenging the judgment dated 03.02.2020 in W.P.(C)No.20234 of 2019. Appellants are the petitioners in W.P.(C)No.20234 of 2019 and stated to be near relatives/legal heirs of late Mariyamma John, who was the appellant in Appeal No.M5-6487/2015 before the Appellate Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. Short facts leading to the filing of the instant writ appeal are as follows:

Late Mariyamma John had filed a petition before the 2nd respondent/Maintenance Tribunal, under Section 23 of the Act, for setting aside a Gift Deed No.3326/2012 to 3331/2012 of Thengana Sub Registrar Office that was executed in favour of the 3rd respondent. The Maintenance Tribunal passed Ext.P1 order, against which late Mariayamma John preferred Ext.P2 appeal, which also came to be dismissed by Ext.P3 order. Thereafter, Mariayamma John filed W.P. (C)No.6520/2018, challenging Ext.P3 order of the Appellate Authority and, during the pendency of the said writ petition, Mariayamma John died. This Court, directed impleadment of the legal heirs of Mariyamma John and thereafter, by Ext.P5 judgment, directed re

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2020 Supreme(Ker) 276

S.MANIKUMAR, SHAJI P.CHALYAntony Scaria – AppellantVersusDistrict Collector, Kottayam and The Maintenance Appellate Tribunal – Respondent

S.MANIKUMAR, SHAJI P.CHALY
Antony Scaria – Appellant
Versus
District Collector, Kottayam and The Maintenance Appellate Tribunal – Respondent