IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18085 of 2010(Q)
1. RASHMI PILLAI, AGED 36 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. V.SUNIL, ADVOCATE,
3. DIRECTOR GENERAL OF POLICE,
For Petitioner :SRI.M.BALAGOVINDAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :23/09/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.(C)No.18085 OF 2010
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Dated this the 23rd day of September,2010
JUDGMENT
This petition is filed under Article 226
and 227 of the Constitution of India for a writ
of mandamus directing respondents 1 to 3 to
give effect to Ext.P6 order and for a further
direction to Judicial First Class Magistrate-I,
to pass orders in Ext.P7 within a time limit.
By Ext.P6 order dated 30.1.2010 passed under
section 23 of Protection of Women from Domestic
Violence Act, in a petition filed by the
petitioner, respondents in M.C.70/2009 were
directed to handover Car KL-02/L-777 to the
petitioner within seven days from the date of
that order. Ext.P7 petition was filed before
the learned Magistrate under section 32(1) and
(2) of the Protection of Women from Domestic
Violence Act, contending that respondents
W.P.(C)18085/2010 2
committed breach of Ext.P6 interim protection
order.
2. A report was called for from Judicial First
Class magistrate why Ext.P6 order has not been
enforced. A report was received from Judicial
First Class Magistrate to the effect that after
Ext.P6 order, the case was posted on 27.2.2010 on
which day petitioner filed Ext.P7 application and
the case was posted to 4.3.2010. As both
petitioner and respondents were absent, it was
adjourned to 9.3.2010 and thereafter to 11.3.2010
and then posted to 25.3.2010. Meanwhile entire
records were called for by Sessions Court in
Crl.A.94/2010, which is an appeal filed against
Ext.P6 order. It is reported that as the records
are not there, Ext.P6 order could not be enforced.
3. Learned counsel appearing for the
petitioner submitted that Crl.A.94/2010 was
subsequently dismissed on 15.9.2010 and the records
were sent back to the learned Magistrate. In such
circumstances, Writ Petition is disposed directing
W.P.(C)18085/2010 3
Judicial First Class Magistrate-I, Ernakulam to
dispose of Ext.P7 application expeditiously, at any
rate, within one month from the date of receipt of
a copy of this order or the records from the
Sessions Court, whichever event occurs later.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006