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Sabitha K.V. vs the Sub Collector and Maintenance Tribunal,

Sabitha K.V. vs The Sub Collector and Maintenance Tribunal,

Type Court Judgment Court Kerala Decided Jul 30, 2021
~3 min read
https://sooperkanoon.com/case/1682213

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/21201/2020

Parties & Advocates

Appellant / Petitioner

Sabitha K.V.

Respondent

The Sub Collector and Maintenance Tribunal,

Excerpt

.....w.p.(c.) no.21201 of 2020 -------------------------------------- dated this the 30th day of july, 2021judgmentboth sides represented that the 2nd respondent, the father of the petitioners, is no more. in the light of the above fact, nothing survives in this case. therefore, this writ petition is closed. sd/- p.v.kunhikrishnan judge sks wp(c) no. 21201 of 2020 3 appendix of wp(c) 21201/2020 petitioner exhibits exhibit p1 true copy of the sale deed no.3065/1990 dated 19/12/1990 in favour of the 2nd respondent and his wife. exhibit p2 true copy of the settlement deed no.1189/2015 dated 07/05/2015 in favour of the 1st petitioner and her siblings. exhibit p3 true copy of the work visa card of the 2st petitioner issued by the department of immigration and emigration, republic of maldives. exhibit p4 true copy of the passport copy of the 1st petitioner with immigration stamps certifying her visit to maldives. exhibit p5 true copy of the receipt dated 09/05/2018 of the cash deposit of rs.41,700/- made exhibit p5(a) true copy of receipt dated 06/08/2018 of the cash deposit of rs. 49,000/- made into the account of the 2nd respondent. exhibit p5 (b) `true copy of the receipt dated 09/08/2018 of the cash deposit of rs.21,000/- made exhibit p5(c) `true copy of the receipt dated 22/10/2018 of the cash deposit of rs.10,000/- made exhibit p6 true copy of the letter dated 14/06/2020 sent to the secretary of cpi(m) by the petitioners. exhibit p7 true copy of the application dated before the maintenance tribunal in case wp(c) no. 21201 of 2020 4 no.1633/2020. exhibit p8 true copy of the representation dated by the petitioners. exhibit p9 true copy of the counter statement dated exhibit p10 true copy of the interim order dated exhibit p11 true copy of the invoice receipt of purchase and installation of the cctv camera dated 01/08/2020. exhibit p12 true copy of the representation dated before the 1st respondent. exhibit p13 true copy of the final order dated.....

Full Judgment

WP(C) NO. 21201 OF 2020 1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 WP(C) NO. 21201 OF 2020 PETITIONER/S: 1 SABITHA K.V. AGED 35 YEARS D/O. UNNEENKUTTY N., FATHIMA MANSIL, PUTHUKUDIPPADAM, AREECAD, NALLALAM P.O., KOZHIKODE-673027. 2 SRI. SALAHUDDEEN, AGED 45 YEARS S/O. KOYASSAN KOYA, KUNJITHAN MALIYEKKAL, KUTTICHIRA, KOZHIKODE, PRESENTLY RESIDING AT , FATHIMA MANSIL, PUTHUKUDIPPADAM, AREECAD, NALLALAM P.O., KOZHIKODE- 673027. BY ADVS. SHYAM PADMAN SRI.C.M.ANDREWS SRI.P.T.MOHANKUMAR SMT.BOBY M.SEKHAR KUM.LAYA MARY JOSEPH SMT.IRENE ABRAHAM SRI.HARISH ABRAHAM RESPONDENT/S:

1 THE SUB COLLECTOR AND MAINTENANCE TRIBUNAL, KOZHIKODE (TRIBUNAL UNDER THE MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT 2007), KOZHIKODE COLLECTORATE, CIVIL STATION P.O., KOZHIKODE-673020. 2 SRI. UNNEENKUTTY, S/O. N. ALI, FATHIMA MANSIL, PUTHUKUDIPPADAM, AREECAD, NALLALAM P.O., KOZHIKODE-673027. BY ADV SMT.K.S.HASEENA OTHER PRESENT: SMT.SHEEJA.C.S, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21201 OF 2020 2 P.V.KUNHIKRISHNAN, J -------------------------------------------- W.P.(C.) No.21201 of 2020 -------------------------------------- Dated this the 30th day of July, 2021

JUDGMENT

Both sides represented that the 2nd respondent, the father of the petitioners, is no more. In the light of the above fact, nothing survives in this case. Therefore, this writ petition is closed. SD/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 21201 OF 2020 3 APPENDIX OF WP(C) 21201/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.3065/1990 DATED 19/12/1990 IN FAVOUR OF THE 2ND RESPONDENT AND HIS WIFE. EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.1189/2015 DATED 07/05/2015 IN FAVOUR OF THE 1ST PETITIONER AND HER SIBLINGS. EXHIBIT P3 TRUE COPY OF THE WORK VISA CARD OF THE 2ST PETITIONER ISSUED BY THE DEPARTMENT OF IMMIGRATION AND EMIGRATION, REPUBLIC OF MALDIVES. EXHIBIT P4 TRUE COPY OF THE PASSPORT COPY OF THE 1ST PETITIONER WITH IMMIGRATION STAMPS CERTIFYING HER VISIT TO MALDIVES. EXHIBIT P5 TRUE COPY OF THE RECEIPT DATED 09/05/2018 OF THE CASH DEPOSIT OF RS.41,700/- MADE EXHIBIT P5(A) TRUE COPY OF RECEIPT DATED 06/08/2018 OF THE CASH DEPOSIT OF RS. 49,000/- MADE INTO THE ACCOUNT OF THE 2ND RESPONDENT. EXHIBIT P5 (B) `TRUE COPY OF THE RECEIPT DATED 09/08/2018 OF THE CASH DEPOSIT OF RS.21,000/- MADE EXHIBIT P5(C) `TRUE COPY OF THE RECEIPT DATED 22/10/2018 OF THE CASH DEPOSIT OF RS.10,000/- MADE EXHIBIT P6 TRUE COPY OF THE LETTER DATED 14/06/2020 SENT TO THE SECRETARY OF CPI(M) BY THE PETITIONERS. EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED BEFORE THE MAINTENANCE TRIBUNAL IN CASE WP(C) NO. 21201 OF 2020 4 NO.1633/2020. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED BY THE PETITIONERS. EXHIBIT P9 TRUE COPY OF THE COUNTER STATEMENT DATED EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED EXHIBIT P11 TRUE COPY OF THE INVOICE RECEIPT OF PURCHASE AND INSTALLATION OF THE CCTV CAMERA DATED 01/08/2020. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED BEFORE THE 1ST RESPONDENT. EXHIBIT P13 TRUE COPY OF THE FINAL ORDER DATED EXHIBIT P14 TRUE COPY OF THE OUT PATIENT REPORT DATED THE GOVERNMENT WOMEN AND CHILDREN HOSPITAL, KOZHIKODE.

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