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2026 Supreme(Online)(Ker) 5742

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ALEYKUTTY VARKEY – Appellant
Versus
THE APPELLATE TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT & DISTRICT COLLECTOR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOSEPH GEORGE, SHRI.P.A.REJIMON
For the Respondents: V. V. AUGUSTINE, SMT.S.SUJINI

JUDGMENT

This writ petition is filed seeking the following prayers;

“i) call for the records leading to the issuance of the original of Exhibit P-3 and set aside it by issuing a writ of certiorari or other appropriate writ, order or direction;

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to ensure strict implementation of the directions in Exhibit P-1;”

2. The petitioner, a nonagenarian, had filed a petition before the second respondent-Maintenance Tribunal, claiming maintenance from her two sons and a daughter, who are respondents 3 to 5 herein. However, no amount was claimed against the younger daughter, Smt.Sherly Felix, as she is taking care of the petitioner. The Tribunal, after considering the petition filed by the petitioner, passed Ext.P1 order, exempting the younger daughter from the payment of maintenance and directing respondents 3 and 4 to pay ₹4,000/- each and the fifth respondent to pay ₹2,000/- per month as maintenance. Challenging Ext.P1 order, the fifth respondent filed Ext.P2 appeal before the first respondent; and the first respondent passed Ext.P3 order, setting aside Ext.P1 order and directing the younger

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