Parties must exhaust statutory remedies before approaching higher courts.

JUDGMENT

The writ petition is filed seeking the following prayers:

“i) Issue a Writ of Certiorari or any other appropriate writ, direction or order to call for the records that lead to Exhibit P1 order and quash the Exhibit P1 Order passed by the 1st respondent - the Maintenance Tribunal & Revenue Divisional Officer, Palakkad.

ii) Direct the 1" respondent to consider the petition given by the petitioner before the 1" respondent afresh and pass appropriate orders and initiate and conclude proceedings under Section 24 of the Act, if so warranted upon consideration of material produced, for wilful neglect, abandonment, and exposure of the petitioner, a Senior Citizen, by Respondents 2 and 3.

iii) Direct Respondents 2 and 3 to forthwith commence payment of monthly maintenance to the petitioner, in an amount to be determined by the Tribunal or this Hon'ble Court, sufficient to meet his medical expenses, dietary needs, basic living expenses, rental accommodation, and other necessities essential for his survival and dignity as a Senior Citizen.

iv) Direct Respondents 2 and 3 to ensure regular and adequate medical assistance to the petitioner, including accompanying him for hospital consultations, diagnostic procedures, treatment cycles, procurement of medicines, and to shoulder his ongoing and future medical expenses.

v) Direct Respondents 2 and 3 to personally attend to the petitioner on a periodic basis - including visiting him at least twice every week - so as to provide emotional support, companionship, and essential assistance for day-to-day activities, thereby upholding their statutory and moral obligation under Section 4 of the 2007 Act.”

2. The petitioner is a senior citizen suffering from several ailments and is undergoing treatment. According to him, he is living alone without any domestic assistance, emotional support or financial backing. Alleging neglect and abandonment by his children, he approached the first respondent–Maintenance Tribunal seeking maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, “the Act”). However, after hearing both sides, the first respondent passed Ext.P1 order dismissing the reliefs sought by the petitioner. Aggrieved by Ext.P1 order, the petitioner has approached this Court.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader appearing for the first respondent.

4. As per Section 16 of the Act, the petitioner has an effective statutory remedy of appeal before the appellate authority against Ext.P1 order dated 10.10.2025, to be filed within 60 days from the date of the order. Without exhausting the said statutory remedy, the petitioner has directly approached this Court by filing the present writ petition. Considering the afore fact, I find it appropriate to dispose of the writ petition, directing the petitioner to file an appeal against Ext.P1 order before the appellate authority.

Accordingly, the writ petition is disposed of, as follows:

a) The petitioner shall file an appeal against Ext.P1 order before the appellate authority in accordance with law, within a period of one month from the date of receipt of a certified copy of this judgment.

b) If such an appeal is filed, the appellate authority, while considering the same, shall take a lenient view with regard to the delay, if any, in filing the appeal, and shall pass appropriate orders in accordance with law.

Sd/-

SHOBA ANNAMMA EAPEN JUDGE