IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 17709 of 2009(R) 1. BEENA KUMAR, AGED 42 YEARS, ... Petitioner 2. SREEKUMAR, S/O. SREEDHARAN NAIR, 3. ANIL KUMAR, S/O. SREEDHARAN NAIR, 4. KAMALAKSHY AMMA, W/O.SREEDHARAN NAIR, Vs 1. BEENA KUMARI ... Respondent For Petitioner :SRI.S.RAJEEV For Respondent : No Appearance The Hon'ble MR. Justice R.BASANT The Hon'ble MRS. Justice M.C.HARI RANI Dated :06/07/2009 O R D E R R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.17709 of 2009 ---------------------------------------- Dated this the 6th day of July 2009 J U D G M E N T
The short grievance of the petitioner is that in spite of
order in Tr.P.C.No.181/08 wherein a direction for expeditious
disposal was issued, O.P.No.627/08 is not being disposed of by
the Family Court, Kollam. It is prayed that appropriate
directions may be issued for expeditious disposal of the case.
2. The remarks of the learned Judge of the Family Court
was called for. The learned Judge has reported that ten months
further time is required for the disposal of the said petition
which, according to the learned Judge, deserves to be disposed
of along with O.P.No.930/08. The learned Judge prays for ten
months time for disposal of the said two original petitions in the
light of the fact that several old cases are pending.
3. We take note of the submission of the learned counsel
for the petitioner that the petitioner is aged 78 years and it is
necessary that he is not left to languish in the queue. His case
deserves to be taken up out of turn, submits the learned counsel
for the petitioner.
W.P.C No.17709/09 2
4. We find merit in the petition. In the peculiar facts and
circumstances of this case, we are satisfied that the Family
Court, Kollam can be directed to dispose of both O.P.Nos.627/08
and 930/08 within a period of four months from the date on
which a copy of this judgment is placed before the learned Judge.
5. Hand over copy of this judgment to the learned
counsel for the petitioner for production forthwith before the
learned Judge. Compliance shall be reported by the learned
Judge to this court.
(R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.17709/09 3 Dated this the 25th day of June 2009 O R D E R BASANT,J
The short grievance of the petitioner is that O.P.No.627/08
pending before the Family Court, Kollam which is directed to be
tried along with a connected O.P transferred to that court of the
Family Court, Alappuzha has not been disposed of expeditiously
notwithstanding the specific directions issued in the transfer
petition – order dated 7/8/2008 in Tr.P.(C) No.181/08. The
petitioner, it is submitted, had moved the Family Court by a
petition dated 17/6/2009 for such expeditious disposal; but in
spite of that, the matter has not been disposed of, nor has any
order been passed on Ext.P4 application.
2. We find the prayer of the petitioner to be legitimate.
Call for a report from the learned Judge of the Family Court,
Kollam. Why is O.P.No.627/08 not taken up for disposal? What
time will be required by the court to dispose of that case along
with the connected case as already directed? The report of the
Family Court shall furnish to us all the above details. We need
only opine that we expect the Family Court to dispose of the two
W.P.C No.17709/09 4
O.Ps as expeditiously as possible. Await report of the Family
Call on 06/07/2009.
W.P.C No.17709/09 5
R.BASANT & M.C.HARIRANI, JJ.
.No. of 200