Shri.C.D.Yadav v. The Office Of The Chairman Tribunal Welfare And Maintenance Tribunal

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/412/2025 Shri C. D.Yadav Vs.

The Office of the Chairman, Tribunal Welfare and Maintenance Tribunal Mr. Lokesh Chezian ... for the petitioner October 27, 2025 [SR] Item No.33 The writ petition has been filed challenging an order passed by the Maintenance Tribunal dated January 08, 2025. The Tribunal rejected the application filed by the petitioner, who is a senior citizen, on the ground that the police report indicated that the dispute was a family dispute. Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 provides an alternative remedy by way of an appeal.

Under such circumstances, the Court is of the view that the writ petition should be disposed of by granting liberty to the petitioner to approach the appropriate appellate authority. The second proviso of Section 16 also empowers the appellate tribunal to condone the delay in filing the appeal, if sufficient cause is shown. Admittedly, the writ petition was pending before this Court for some time.

Under such circumstances, the issue of delay will be decided by the learned appellate tribunal on the basis of the governing laws and the reasons to be assigned by the petitioner for such condonation.

This Court has not gone into the merits of the issues involved in it. The Appellate Authority shall be at liberty to decide all issue independently, upon hearing all the parties, in the event the delay is condoned.

Accordingly, the writ petition is disposed of. ( Shampa Sarkar, J. )