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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J.
Syamala W/O Tambi – Appellant
Versus
Presiding Officer, The Maintenance Tribunal Under The Maintenance Of Welfare & Senior Citizens Act, 2007 – Respondent
WP(C) NO. 10127 OF 2026
Decided on : 30-03-2026
| Table of Content |
|---|
| 1. senior citizen seeks enforcement of tribunal's possession order. (Para 2) |
| 2. government pleader represents official respondents. (Para 3) |
| 3. tribunal enforces maintenance orders per section 11. (Para 4 , 5) |
JUDGMENT :
M.B. SNEHALATHA, J.
1. The limited prayer in this writ petition is to issue a direction to the 2nd respondent to implement Ext.P1 order passed by the 1st respondent and also to issue a direction to the 3rd respondent to vacate the house owned by the petitioner and to give physical possession of the said house to the petitioner.
2. According to the petitioner, who is a senior citizen and the mother of respondents 3 to 5, pursuant to an application filed by her before the Maintenance Tribunal, Ext.P1 order was passed by the 1st respondent. But in spite of the said order, 2nd respondent is not implementing Ext.P1 under the influence of the husband of the 3rd respondent.
3. The learned Government Pleader entered appearance for respondents 1 and 2.
4. Section 11 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 reads as under:
11. Enforcement of order of maintenance. - (1) A copy of the order of maintenance and including the order regarding expenses of proceedings, as the case may be, shall be given without payment of any fee to the senior citizen or to parent, as the case may be, in whose favour it is made and such order may be enforced by any Tribunal in any place where the person against whom it is made, such Tribunal on being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.
(2) A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974), and shall be executed in the manner prescribed for the execution of such order by that Code.
5. Thus it is implicit that the order passed by the Maintenance Tribunal is to be enforced by the Tribunal.
Accordingly, the writ petition is disposed of with a direction to respondents 1 and 2 to implement Ext.P1 order in accordance with law.
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{"main_legal_point":"Court mandates timely consideration of a senior citizen's complaint under the Maintenance and Welfare of Parents and Senior Citizens Act."}
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