Senior citizens must exhaust statutory remedies before judicial intervention under the Maintenance and Welfare of Parents and Senior Citizens Act.

JUDGMENT

This writ petition is filed by the petitioner, seeking a direction to quash Ext.P3 order passed by the 1^st respondent under the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007.

2. The petitioner is a senior citizen aged 85 years, who approached the 1^st respondent seeking cancellation of Release Deed No.2857/2021 of Angamaly SRO executed in favour of her son, late Chacko, who died intestate. The 2^nd respondent is the daughter-in-law of the petitioner and respondents 3 and 4 are the children of the 2^nd respondent. The petitioner has no other property in her name. After the death of her son, the respondents started subjecting her to cruelty and therefore, she approached the 1^st respondent by filing Ext.P1 petition. Thereafter, the 1^st respondent passed Ext.P3 order rejecting the prayer of the petitioner for cancellation of the release deed. Aggrieved by the same, the petitioner has approached this Court with the above writ petition.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader appearing for the 1^st respondent.

4. The Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 confers upon senior citizens the right to approach the tribunal by filing petitions under Sections 8 and 23 of the Act. Aggrieved by the orders passed by the 1^st respondent, the senior citizen has a remedy to file an appeal under Section 16 of the Act. Admittedly, Ext.P3 order is passed by the 1^st respondent and no appeal has been filed by the senior citizen before approaching this court. Since a statutory remedy is available to the petitioner to file an appeal before the appellate authority, I find that the petitioner has to avail the said statutory remedy and thereafter if aggrieved, can approach this Court. Ext.P3 order is dated 14.10.2024. As per of the Act, an appeal is to be preferred within 60 days from the date of the order. However, the period prescribed for filing the appeal has already expired. Considering the afore facts, I find it appropriate to dispose of the writ petition as follows :

The petitioner, if so advised, shall file an appeal within a period of one month from the date of receipt of a copy of this judgment. It is made clear that the appellate authority shall take a lenient view while considering the delay in filing the appeal, if it is filed within the time stipulated above.

Sd/-