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2024 Supreme(Online)(Ker) 82095

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPI.K. – Appellant
Versus
MAINTENANCE TRIBUNAL – Respondent
WP(C) 40008/2023



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 9TH DAY OF AUGUST 2024 / 18TH SRAVANA, 1946 WP(C) NO. 40008 OF 2023 PETITIONER:

GOPI.K.

AGED 52 YEARS SON OF KARUTHODI VELU, KARUTHODI HOUSE, 22ND MILE, MANJERI (P.0.), ERNAD TALUK, MALAPPURAM DISTRICT, PIN - 676121 BY ADV R.RAJESH KORMATH RESPONDENTS:

1 MAINTENANCE TRIBUNAL PERINTHALMANNA, (SUB COLLECTOR, PERINTHALMANNA), OFFICE OF THE SUB COLLECTOR, PERINTHALMANNA, PERINTHALMANNA (P.O.), MALAPPURAM DISTRICT, PIN -

679322

2 MAINTENANCE APPELLATE TRIBUNAL MALAPPURAM, (DISTRICT COLLECTOR, MALAPPURAM) , DISTRICT COLLECTORATE, MALAPPURAM, CIVIL STATION (P.O.), MALAPPURAM DISTRICT, PIN - 676505

3 KUNJAMMU WIFE OF VELU, POONILATH HOUSE, AASANPADI, KOOTAYI, TIRUR, MALAPPURAM DISTRICT, PIN - 676101

4 SREEMATHI. K WIFE OF VISWAMBARAN, POONILATH HOUSE, AASANPADI, KOOTAYI, TIRUR, MALAPPURAM DISTRICT, PIN - 676101

5 SIVADASAN.K SON OF VELU.K, KARUTHODI HOUSE, ARUKIZHEEYA-

VETTENCHERIPARAMBU, MANJERI (P.O.), MALAPPURAM DISTRICT, PIN - 676121

6 RADHAKRISHNAN.K SON OF VELU.K. , KARUTHODI HOUSE, PUNNAKUZHI-

CHERANI, MANJERI, MALAPPURAM DISTRICT, PIN - 676121

7 SUDHEER RAJAN.K SON OF VELU.K., KARUTHODI HOUSE, ELAMPARAMBU-

VETTECODE, PULLANCHERI (P.O.), MANJERI, MALAPPURAM DISTRICT, PIN - 676122

8 BABURAJ.K.

SON OF VELU.K., KARUTHODI HOUSE, KARUVAMPURAM (P.O.) , MANJERI, MALAPPURAM DISTRICT, PIN - 676123

9 KUTTAN.K SON OF VELU.K., KARUTHODI HOUSE, 22ND MILE, MANJERI (P.O.), MALAPPURAM DISTRICT, PIN - 676121

10 AYYAPPAN.K SON OF VELU.K. , KARUTHODI HOUSE, MULLAMPARA-

NEELIPARAMBU, MANJERI (P.O.), MALAPPURAM DISTRICT,, PIN - 676121 BY ADV C.DINESH OTHER PRESENT:

SRI. SREEJITH A S, GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

09.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

(Dated this the 09th day of August, 2024)

The petitioner is the son of the 3rd respondent and respondents 4 to 10 are the other children of the 3rd respondent. The 3rd respondent, the mother of the petitioner is said to be aged 87 years. The 3rd respondent filed a complaint before the Maintenance Tribunal under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. During the pendency of the complaint the conciliation took place and the parties signed the outcome of conciliation proceedings. The petitioner now wants to challenge conciliation proceedings.

Pursuant to the conciliation, Ext.P3 order was passed putting primature on the conciliation proceedings. This Court finds no ground to reverse or interfere with the order impugned in the Writ Petition. Therefore, the Writ Petition is hereby dismissed.

Sd/-

DINESH KUMAR SINGH JUDGE Mms APPENDIX OF WP(C) 40008/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE-COPY OF THE REGISTERED SETTLEMENT DEED DATED 8.2.2018, DOCUMENT NUMBER 1260 OF 2018 OF SUB- REGISTRY OFFICE, MANJERI, Exhibit P2 TRUE COPY OF THE CONCILIATION AGREEMENT DATED NIL FURNISHED TO THE PETITIONER Exhibit P3 TRUE COPY OF THE ORDER DATED 30.3.2022 OF THE FIRST-RESPONDENT-MAINTENANCE- TRIBUNAL Exhibit P4 TRUE COPY OF THE ORDER DATED 5.11.2022 OF THE FIRST-RESPONDENT-MAINTENANCE-

TRIBUNAL, Exhibit P5 TRUE COPY OF THE ORDER DATED 1.9.2023 OF THE SECOND RESPONDENT- MAINTENANCE APPELLATE TRIBUNAL Exhibit P6 CERTIFIED COPY OF THE JUDGMENT DATED

16.11.2023 IN W.P. (C) NO.- 36471 OF 2023 ON THE FILE OF THIS HONORABLE COURT RESPONDENT EXHIBITS Exhibit R3(a) Copy of the receipt No 00293 dated

10/02/2022 Exhibit R3(b) True copy of the letter dated 13/12/2023 issued by the Emad Primary Co.Op.Agrl and Rural Dev p Bank Ltd PETITIONER EXHIBITS Exhibit .P7 True copy of the memorandum of Appeal dated 17.11.2022 preferred by the third respondent before the second respondent Maintanance Appellate Tribunal Exhibit P8 True copy of the notice dated 06.12.2023 issued by on behalf of the second respondent Maintanance Appellate Tribunal Exhibit P9 True copy of the statement dated

29.12.2023 filed by the petitioner before the second respondent Maintanance A

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