ASWATHY JANU Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The daughter of respondents 3 and 4, who are the senior citizens involved in this case, have approached this Court challenging Ext.P4 order raising various allegations; but primarily that she was not given an opportunity of being heard or to lead evidence before Ext.P4 order was issued; as per which, a document executed by the senior citizens in her favour has been cancelled, invoking powers under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short).

(2.) The learned Senior Government Pleader, appearing on behalf of the Maintenance Tribunal - 1st respondent herein, submits that ample opportunity was given to the petitioner by giving her valid notices to appear before the Tribunal on various dates, including 03.07.2018 and 20.10.2018; but that she had not used such opportunity, with the deliberate intent to delay proceedings. The learned Senior Government Pleader submits that even though the petitioner appeared on three posting dates, including 03.07.2018, when she was given copies of all relevant documents, she refused to appear on 20.10.2018, which is, in fact, admitted by her in this writ petition; thus constraining the Maintenance Tribunal to issue the impugned order in her absence. She says that the reports obtained, from the competent Authorities, by the Maintenance Tribunal would clearly show that the petitioner has not cared to provide the basic amenities or needs to the senior citizens, in spite of the alleged implied requirement under the Settlement Deed and therefore, that Ext.P4 order is irreproachable.

(3.) The learned counsel appearing for the senior citizens submits that they are now living in a rented premises and surviving on their meagre pension and that the petitioner has neglected them, without providing them with any basic necessaries or needs. He says that they have no other means to live and therefore, that they require this property, which they earlier had settled in favour of their daughter - the petitioner herein on the condition that she will take care of them for the rest of their lives.