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2026 Supreme(Online)(Ker) 12727

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
ANILKUMAR P.N. – Appellant
Versus
REVENUE DIVISIONAL OFFICER, MUVATTUPUZHA – Respondent
WP(C) NO. 3383 OF 2018



Advocates:
For the Appellants/Petitioners: SHRI.K.S.ARUN KUMAR, SRI.JUSTINE JACOB, SRI.P.S.SAJEESH
For the Respondents: SRI.ANVER BASHEER

The court recognized the peaceful coexistence of the petitioner and his senior citizen mother, thus setting aside an order under the relevant Act.

Headnote:The court analyzed the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in a writ petition challenging an order revoking a settlement deed. The petitioner, the son of a senior citizen, claimed that his mother resided peacefully with him. The court, noting absence of grievances from the senior citizen, concluded that the petitioner was entitled to relief, leading to the setting aside of the order in question. Ultimately, the court allowed the writ petition.

Table of Content
1. court allows writ petition based on peaceful coexistence and lack of grievances. (Para 1 , 2 , 3)

JUDGMENT

This writ petition is filed by the petitioner, who is the son of the second respondent, challenging Ext.P5 order passed by the first respondent under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act , 2007, revoking Ext.P1 Settlement Deed.

2. When the matter was taken up for consideration on

10.02.2026, the learned counsel for the petitioner submitted that the second respondent/senior citizen is residing with the petitioner peacefully and that the petitioner is taking care of her. There was no representation for the second respondent/senior citizen on 10.02.2026. Today also, there is no representation for the second respondent/senior citizen.

3. Hence, it has to be presumed that the second respondent is having no further grievances. In view of the submission made by the learned counsel for the petitioner that the second respondent is residing with the petitioner peacefully and also considering the fact that the petitioner has not opposed the submission made by the second respondent, I am of the opinion that the petitioner is entitled to get the relief sought for in the writ petition and Ext.P5 order is liable to be set aside.

Accordingly, the writ petition is allowed. Ext.P5 order passed by the first respondent is hereby set aside.

SD/-

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