V.S. MANIKANDAN Vs. DISTRICT COLLECTOR, THIRUVANANTHAPURAM (PRESIDING OFFICER, MAINTENANCE APPELLATE TRIBUNAL) AND OTHERS

JUDGEMENT

(1.) The petitioner, who is the son of contesting respondents 6 and 7, is essentially aggrieved by Ext.P4 appellate order dated 6.6.2016 issued by the 1st respondent appellate Tribunal under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, whereby Ext.P1 registered settlement deed dated 17.7.2008 of the S.R.O., Kunnathukal has been cancelled. The brief facts leading to the impugned order are as follows:-

(2.) Alleging that the petitioner (son) is not taking care of his parents, respondent Nos.6 and 7 had preferred an application under Section 23 of the above said Act for cancellation and voiding of Ext.P1 settlement deed. The said application was duly preferred before the 2nd respondent/Tribunal (presided over by the R.D.O.), Thiruvananthapuram. The 2nd respondent/Tribunal as per Ext.P2 order has ordered as follows:- VERNACULAR MATTER

(3.) It is specifically ordered in Ext.P2 by the R.D.O. that based on the consent of the parties, the petitioner shall take full care of his parents and shall permit respondent Nos.6 and 7 in respect of the peaceful enjoyment of the said property and that the petitioner shall cause any obstruction in that regard and that all income derived from the said property could also be enjoyed by respondent Nos.6 and 7. As the main prayer in the application for voiding Ext.P1 settlement deed was granted by the 2nd respondent/Tribunal, respondent Nos.6 and 7 had preferred a statutory appeal in terms of the provisions contained in Section 16(1) of the above Act before the 1st respondent/appellate Tribunal (presided over by the District Collector). The 1st respondent/appellate tribunal has passed the impugned Ext.P4 order dated 6.6.2016 the operative portion of which reads as follows:- VERNACULAR MATTER