High Court Kerala High Court

Ravi Mohanan Nair vs Kunju Varkey Cherian on 23 July, 2007

Kerala High Court
Ravi Mohanan Nair vs Kunju Varkey Cherian on 23 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 29489 of 2003(I)


1. RAVI MOHANAN NAIR, HILL VIEW BUNGLOW,
                      ...  Petitioner
2. PRASANNA KUMARI, W/O.RAVI MOHANAN NAIR,
3. ABHILASH, S/O.RAVI MOHANAN NAIR,

                        Vs



1. KUNJU VARKEY CHERIAN, PALAKKOTTU
                       ...       Respondent

2. BABY AUGUSTINE RATHAPPALLIL HOUSE,

                For Petitioner  :SRI.PIOUS JACOB

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :23/07/2007

 O R D E R
                     PIUS C. KURIAKOSE, J.
                 ----------------------------------
                  W.P.(C) NO. 29489 of 2003
                 ----------------------------------
           Dated this the 23rd day of July , 2007

                           JUDGMENT

The petitioners have not remitted process though

about four years have elapsed since this court ordered notice.

The learned counsel for the petitioners seeks time. However, I

find that Ext.P5 order rejecting the written statements filed by

the petitioners has been passed on the reason that the court has

no power to receive the written statement which are filed beyond

the statutory period. The above view cannot be correct in view

of the pronouncement of law by the Supreme Court in Kailash

v. Nanhku (2005 (2) KLT 623).

2. Under the above circumstances, I am inclined to set

aside Ext.P5 order and allow the writ petition even without

waiting for service of notice on the respondents. However,

considering the laxity on the part of the petitioners in the matter

of remitting the process, I am inclined to do so only on

conditions.

WPC No. 29489/2003 2

3. Ext.P5 will stand set aside and I.A.No.2698/2003 will

go back to the learned Munsiff for taking fresh decision in

accordance with the principles laid down by the Supreme Court

in Kailash’s case(supra) on condition that the petitioners pay a

sum of Rs.500/- (Rs.Five Hundred only) to the High Court Legal

Service Committee within 10 days from today. Once the court

below notices evidence regarding the remittance of the above

amount, the court below will repost I.A.No.2698/2003, hear both

sides and take a fresh decision. If remittance as directed above

is not made, the writ petition will stand dismissed.

PIUS C. KURIAKOSE,

JUDGE.

Dpk