MAROLI SANTHA Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioner is a senior citizen. She approached the Maintenance Tribunal, Thalassery for the return of L 9,60,807/- given to her son, the second respondent herein. According to her, this amount was given by her to the second respondent on an assurance that he will look after her. The petitioner states that after obtaining the money from her, the second respondent never cared to look after her. The petitioner's case is that her application will have to be treated as one coming under section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (for short, 'the Act'). The Tribunal, taking note of the fact that the petitioner is a recipient of family pension, without adverting to the scope and ambit of interference invoking Section 23 of the Act closed the petition filed by the petitioner. This order is challenged in this writ petition.

(2.) Section 23 of the Act gives ample power to the Tribunal to revoke the transfer of property if it is found that the transferee failed to honour the commitment made while effecting transfer to the extent of providing amenities and basic physical needs to the senior citizen, who is the transferor of such property.

(3.) 'Property' is defined under Section 2(f) of the Act as follows: