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2026 Supreme(Online)(Ker) 4890

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JANU – Appellant
Versus
THE DISTRICT COLLECTOR, KOZHIKODE – Respondent


Advocates:
For the Appellants/Petitioners: SRI. BRIJESH N.B., SMT. SAHLA NECHIYIL, SHRI. BALAKRISHNAN N., SHRI. KARTHIKEYAN R., SMT. DELGIA GEORGE, SHRI. JISHNU A., SMT. AKHILA S., SMT. ATHIRA PADMENDHU
For the Respondents: SMT. VIJAYAKUMARI

JUDGMENT

This writ petition is filed by an 87-year-old senior citizen, seeking to set aside Exts.P3 and P4 orders and also to cancel the settlement deed dated 11.03.2013 of the Sub Registrar Office, Westhill, and to restore the ownership of the property to the petitioner under Section 23 (1) of the Maintenance and Welfare of Parents and Senior Citizens Act , 2007 (for short, “the Act”).

2. The petitioner, alleging that the third respondent/son failed to provide her basic needs and left her in distress, approached the Maintenance Tribunal by filing Ext.P2 petition, seeking for cancellation of the settlement deed and for restoration of her property. The tribunal, after considering the issue, dismissed Ext.P2 petition as per Ext.P3 order, holding that the dispute is of civil nature. It was also stated therein that the petitioner/mother is free to reside in her house until death. Though Ext.P3 order was challenged by the petitioner before the appellate authority, the appeal was dismissed by Ext.P4 order, upholding the decision of the Maintenance Tribunal. Aggrieved by this, the petitioner has come up before this Court.

3. The third respondent/son, on receipt of notice, appeared before

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