The petitioner has approached this Court challenging Ext.P5 complaint filed by the first respondent under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as the ‘Senior Citizens Act’). Though notice was issued to the first respondent, it was returned with endorsement ‘out of station’. The petitioner has not taken any steps to serve on first respondent. Admittedly, the petitioner is the son of the first respondent. The first respondent approached the Tribunal under Section 23 of the Senior Citizens Act alleging that she was thrown out of her house and she presently residing at the mercy of the elder son.
W.P.(C) No.13363 of 2013 2 2. The petitioner’s case is that the ingredients of the complaint will not attract under Section 23 of the Senior Citizens Act and it is not maintainable. The maintainability of the complaint has to be raised before the authorities.
Considering the nature of the relief sought in the writ petition, I am of the view, the petitioner shall file an objection before the Tribunal itself and I am sure that the Tribunal will pass the order, only after affording an opportunity of hearing to the petitioner on maintainability.
With that liberty, this writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln