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2016 Supreme(Online)(KER) 1795

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
PRAMEELA AGED 37 YEARS – Appellant
Versus
STATE OF KERALA – Respondent


JUDGMENT

Petitioners aggrieved by an order passed by the Maintenance Tribunal under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, the 'Act'), have approached this Court. Ext.P8 is the order.

2. By Ext.P8 order, the Maintenance Tribunal, cancelled mutation effected pursuant to the document executed by the party respondent in favour of the petitioners in the year 2003.

Under Section 23 of the Act, the senior citizen can approach the Maintenance Tribunal to revoke any document executed after the commencement of the Act. The Act came into effect on 24.8.2007. Admittedly, the Tribunal revoked mutation based on the document executed in the year 2003. The Tribunal has no power to revoke any document executed prior to the Act. In that view of the matter, the order is unsustainable.

Accordingly, the impugned order is set aside.

However, this will not stand in the way of the party respondent in approaching the Maintenance Tribunal for obtaining any order of maintenance, if otherwise, he is entitled from the petitioners. In view of the above, the revenue officials are directed to restore the mutation in favour of the petitioners.

The writ petitio

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