IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 3283 of 2011(I) ------------------------- PETITIONER(S): ---------------------- ASKAR ALI NEHA, S/O. IBBICHI NEHA, KIZHAKKINIYAKATH HOUSE, KADALUDNI NAGARAM.P.O., PIN- THIRURANGADI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S): ------------------------ 1. THE REVENUE DIVISIONAL OFFICER, TIRUR PO, PIN-676101. TIRUR TALUK, MALAPPURAM DISTRICT. 2. UMMATHAKUTTY UMMA K, W/O. IBBICHI NEHA, KIZHAKKINIYAKATH HOUSE, KADALUNDI NAGARAM.P.O., PIN- THIRURANGADI TALUK,MALAPPURAM DISTRICT. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 3283 OF 2011 ===================== Dated this the 1st day of February, 2011 J U D G M E N T Petitioner is the respondent in MCC No.5/10 before the 1st respondent, which is a proceedings instituted by the 2nd respondent, who is his mother, under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Ext.P1 is the petition filed. On receipt of notice in Ext.P1, disputing the maintainability of the proceedings under Section 23, petitioner has filed Ext.P2. In this writ petition, what he seeks is a direction to the 1st respondent to consider the maintainability raised by Ext.P2 as a primary issue. If as stated by the petitioner, such an application has been filed, there is no reason to think that the 1st respondent will not consider the same. Therefore, directing that it will be open to the petitioner to produce a copy of this judgment along with a copy of this writ petition, in which event, the 1st respondent will consider Ext.P2 with notice to the parties concerned, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp