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.
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W.P.(C) NO. 29489 of 2003
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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