NISHA Vs. DISTRICT COLLECTOR AND APPELLATE TRIBUNAL

JUDGEMENT

(1.) Heard Sri. M. Ramesh Chander, the learned senior counsel appearing for the appellant/respondent No.1. Also heard Sri. Jawahar Jose, the learned counsel appearing for the senior citizen Sri. K.V. Varkey (respondent No.3). The learned Government Pleader Sri.V. Tekchand appears for the respondents 1 and 3. Despite service of notice, the respondents 4, 5 and 6 have chosen to remain unrepresented.

(2.) The appellant, Smt. Nisha G. along with three others filed the W.P(C). No.6492 of 2018 to challenge the decision dated 11.11.2015 (Ext.P5) of the Appellate Tribunal, under the Kerala Protection and Welfare of Parents and Senior Citizens Act, 2007, whereunder, the Appeal filed by the senior citizen Sri. K.V. Varkey (Respondent No.3) was allowed and the Tribunal, after noting that the senior citizen had gifted landed property worth Rs.25,00,000.00 to the granddaughter (Smt. Nisha) on the condition that she has to look after the grandfather, issued direction to the appellant Smt. Nisha to provide Rs.4,000.00 per month to Sri. K.V. Varkey. The other children of the senior citizen namely; K.V. Thankachan, Tomy K.V., Sunny K.V, Benny and Sri. K.V. Soyi were also ordered to pay Rs.1,000.00each to the senior citizen, for his protection and maintenance.

(3.) Before the learned Judge, the writ petitioners contended that the Appellate Tribunal issued the order for maintenance, without following the statutory procedure and also failed to advert to the fact that appellant herein had already made a deposit of Rupees One Lakh, in favour of the senior citizen.