IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 OP(C).No. 3783 of 2011(O) ------------------------- MWP NO.62/2011 OF MAINTENANCE TRIBUNAL, ALAPPUZHA (RDO, ALAPPUZHA) PETITIONER (S): -------------------- PROF. M.J.JAMES, AGED 55 YEARS, S/O.OUSEPH YOHANNAN, KALOOR THAZHCHAYIL HOUSE, THEEPPENI, THIRUVALLA, PATHANAMTHITTA DISTRICT. BY ADV. SRI.P.KRISHNA KUMAR (ALAPPUZHA) SRI.R.SURAJ KUMAR RESPONDENT(S): --------------- 1. OUSEPH YOHANNAN, S/O.KUTTY, ENPATHILCHIRA, EDATHUA P.O., PIN 689573, ALAPPUZHA. 2. ROSA YOHANNAN, W/O. OUSEPH YOHANNAN, -DO- -DO- THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3783/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION FILED BEFORE THE MAINTENANCE TRIBUNAL EXT.P2 TRUE COPY OF SETTLEMENT DEED EXT.P3 TRUE COPY OF THE NOTICE ISSUED FROM THE MAINTENANCE TRIBUNAL EXT.P4 TRUE COPY OF THE PETITION DATED 15.11.2011 EXT.P5 TRUE COPY OF THE PETITION DATED 16.11.2011 EXT.P6 TRU COPY OF THE POSTAL RECEIPT //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3783 of 2011 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Respondents filed application before the Maintenance Tribunal, Alappuzha (Revenue Divisional Officer, Alappuzha) (for short, “the Tribunal) under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking cancellation of a settlement deed first respondent had executed in favour of the petitioner. That application was numbered as MWP No.62 of 2011 and as per directions of the Tribunal petitioner appeared in that Tribunal, on 15.11.2011. Petitioner claims to have preferred objection (copy of which is Ext.P4) challenging maintainability of the application filed by the respondents. It is the grievance of petitioner that the said objection was returned to the petitioner without even receiving the same. Thereon, on 16.11.2011 petitioner is stated to have sent a similar objection to the Tribunal by registered post (copy of which is Ext.P5). Exhibit P6, postal receipt is produced to show that the objection was sent by registered post. 2. Learned counsel states that except when the O.P(C) No.3783 of 2011 -: 2 :- conveyance in favour of petitioner is subject to any condition for maintenance of respondents or any of them, the document could not be cancelled by the Tribunal, the settlement deed involved in this case is not subject to any such condition and hence the application before the Tribunal is not maintainable. f 3. It is not necessary for me to go into the correctness of the said contention. But if any objection is preferred before the Tribunal it has to be received and appropriate orders passed after referring to the contentions. Original Petition is disposed of directing the Tribunal to receive the objection if any preferred by petitioner within a week from this day and pass appropriate orders having regard to the contentions raised therein. It is directed that disposal of MWP No.62 of 2011 will stand in abeyance for a period of one week from this day. THOMAS P. JOSEPH, JUDGE. vsv