The Hindu : Kerala / Kochi News : State government asked to file counter-affidavit

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Thursday, Jul 02, 2009
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Kerala

Kerala - Kochi

State government asked to file counter-affidavit

Plea for tribunals under senior citizens Act

KOCHI: A Division Bench of the Kerala High Court on Wednesday directed the State government to file a counter- affidavit in response to a writ petition seeking to set up tribunals under the Maintenance and Welfare of Parents and Senior Citizens Act.

The Bench comprising Justice Kurian Joseph and Justice K. Surendramohan also directed the government that in case the counter-affidavit was not filed within three weeks, a competent official should be present before the court to assist the court in the case.

The petition was filed by the Kochi-based Social Justice Watch.

According to the petitioner, though the Act came into force in 2008, the government was yet to implement the provisions of the Act. It was enacted with a view to protecting the interests of the elderly people.

The petitioner said that with the disappearance of the joint family system, the elderly persons were now forced to spend their twilight years all alone and exposed to emotional neglect and lack of physical and financial support.

Though the parents could claim maintenance under the Code of Criminal Procedure, the procedure was both time-consuming as well as expensive. Hence, the new Act which offered simple, inexpensive and speedy provisions to claim maintenance for the parents.

The State government was bound to set up one or more tribunals for deciding the maintenances claims with six months from the date of commencement of the Act.

The tribunals had been given the power of a civil court. The inordinate delay in constituting the tribunals had affected rights of the elderly persons.

KSEB posting

Justice P.N. Ravindran on Wednesday ordered that the appointment from the rank list prepared for the posts of Assistant Engineer (Electrical) would be subject to the decision on the writ petition challenging the list.

The order came on a petition filed by C.R. Arun and four others.

The petitioners said that as per the Indian Electricity Act, the qualification prescribed for the Assistant Electrical Inspectors was a degree in electrical engineering.

The post of the Assistant Engineering could be equated to the post of the inspectors.

The Public Service Commission had prescribed degree in electric and telecommunication in addition to the degree in electrical engineering as the qualification. The petitioners contended that this action of the PSC was illegal.

Bridge toll

A Division Bench of the Kerala High Court on Wednesday directed the State government to immediately file a counter-affidavit in response to a writ petition highlighting the issues relating to the Mattanchery bridge toll.

The Bench comprising Justice Kurian Joseph and Justice K. Surendramohan ordered the government that if it could not file a counter-affidavit by July 10, a competent officer should be present before the court to assist it.

The petition was filed by the Kerala State Private Bus Operators’ Federation.

The petition seeks to audit the collection of the toll and properly acknowledge the toll receipts by the Greater Cochin Development Authority (GCDA) and the Kochi Corporation.

The petitioner said the GCDA or the Corporation did not keep the numbers of toll receipts.

Besides, they accepted whatever statements of collection given by Gammon India. So, the petitioner pleaded for a direction to the government to conduct audit of the toll collections.

The petitioner said Gammon India, which constructed the bridge on Build, Operate and Transfer basis, had collected a total of Rs.32 cores during the last four years.

The petitions sought to restrain the company from collecting the toll further as it had already recouped the construction cost.

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