parties to lis can let evidence - right to cross examination - right to appeal is available to aggrieved children also - transfer of possession include Transfer of Property.

Citation

CDJ 2014 MHC 3975

M. Venugopal Versus The District Magistrate Cum District Collector, Kanyakumari District & Others

Head Note

Constitution of India - Article 227 - provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Section  4, 5(3), 4(1), 7, 9, 16, 17, 23 and 23(1) – Aged parents continue to suffer - Many of them have to spend their life in old age homes - 3rd respondent is a senior citizen - He has got three sons and two daughters - All of them are married and they are living separately and thus the joint family has disintegrated - petitioner is the youngest son of the 3rd respondent - respondent further claims that he has been living separately and he has not been taken care of by any of his children - after the demise of his wife, he handed over the income from the mill to the petitioner - cash was accordingly kept in the petitioner's house for safety purpose - third respondent further claims that he was maintaining himself, meeting his expenses, including treatment - 3rd respondent made a complaint to the Revenue Tribunal – tribunal allowed the claim - Appellate Tribunal, confirmed the order - Held that court do not understand as to how the Tribunal had determined the issues, based only on these two written statements - Tribunal does not satisfy even the basic requirements of law - he was discharging a quasi-judicial function, which requires an element of adjudication, he had simply treated the entire proceeding as an administrative one and passed the order, as though it is an administrative order - Revenue Divisional Officer and the District Collector have not even understood that in the place of a full- fledged court of law - parents have option to approach under Section 125 of the Code of Criminal Procedure, instead of approaching the Tribunals under the special provision - Tribunal has no jurisdiction and therefore that part of the order of the Tribunal is liable to be set aside - petition is allowed.

(Para:24,26).

Cases Referred:
N.Kannadasan Vs. Ajoy Khose and others, reported in 2009 (7) SCC 1.

Comparative Citations:
2014 (5) CTC 162, 2014 (4) LW 412, 2014 (2) CWC 581,