The petitioner is arrayed as the respondent in a proceedings initiated under the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, at the instance of the third respondent before the second respondent. The grievance of the petitioner is that her attempt to prosecute her case through a lawyer of her choice stands declined overlooking the ambit of Section 30 of the Advocates Act, 1961. According to the petitioner, the rejection of her Vakalath goes against the decision rendered by this Court in 2013 (2) KLT 233 (Latha Sumam V. District Collector). 2. The reliefs sought for in this writ petition are as follows:
(i) to call for the records leading to the return of Ext.P2 vakalath at the instance of the second respondent by issuing a writ of certiorari and may be pleased to quash the endorsement contained therein on a finding that it is illegal, arbitrary in the interest of justice.
(ii) to issue a writ of mandamus or appropriate writ or direction commanding the second respondent to permit the petitioner to prosecute her case pending before the said authority as H-7767/2013, by engaging a lawyer of her choice, in the interest of justice.
W.P.(C)No.3185 OF 2014 : 2 :
3. When the matter came up before this Court on 31.01.2014, this Court granted an order of interim stay with respect to all further proceedings in H.7767/2013 on the file of the second respondent, subject matter of Ext.P1 notice and it was subsequently extended from time to time. Inspite of the completion of service of notice, the third respondent has not chosen to appear before this Court.
4. Heard learned counsel for the petitioner and perused the materials available on record. Heard the learned Government Pleader as well.
5. Considering the entire facts and circumstances of the case and keeping in view the decision rendered by this Court cited above, this Court finds that the petitioner is entitled to succeed. Ordered accordingly.
Writ petition is allowed in terms of the verdict in 2013 (2) KLT 233. No cost.
jes P.R.RAMACHANDRA MENON, Judge