IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 26842 of 2009(O) ---------------------------------------- I.A.NO.3301/2006 AND AS.NO.349/2006 OF 1ST ADDL.DISTRICT COURT, THRISSUR. .................... PETITIONER(S): ------------------------ DAVID T. MOOKKEN, AGED 70 YEARS, MOOKEN, S/O. MOOKKEN THOMAKUTTY, 668 BARON HOUSE, QUIROS STREET, FORT KOCHI, ERNAKULAM. BY ADVS. MR.BABU KARUKAPADATH, SMT.M.A.VAHEEDA BABU, MR.JAGAN GEORGE, MR.P.G.PRAMOD. RESPONDENT(S): --------------------------- 1. ANTONY AGED ABOUT 86 YEARS, S/O. DEVASY KOOTHURU HOUSE, THIRUR DESOM, KOLAZHI VILLGE, THRISSUR TALUK,(DIED) 2. IGNATIUS.T.MOOKKEN, S/O.MOOKKEN THOMAKUTTY, 3B GLENDALE POINT BANK ROAD,CALICUT - 1. 3. ANNAMA, W/O. LATE ANTHONY, KOOTHUR HOUSE, TIRUR DESOM, KOLAZHY VILLAG, THRISSUR TALUK. 4. ROSY D/O. LATE ANTHONY, KOOTHURU HOUSE, TIRUR DESOM, KOLAZHY VILLAG, THRISSUR TALUK. 5. BABY @ MARIAM, D/O. LATE ANTHONY, KOOTHURU HOUSE, TIRUR DESOM, KOLAZHY VILLAGE, THRISSUR TALUK. 6. DEVASSY, S/O. LATE ANTHONY, KOOTHURU HOUSE, TIRUR DESOM, KOLAZHY VILLAGE, THRISSUR TALUK. 7. OMANA @ ROSE, D/O. LATE ANTHONY, KOOTHURU HOUSE, TIRUR DESOM, KOLAZHY VILLAGE, THRISSUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.26842 OF 2009 -------------------------- Dated this the 09th day of October 2009 ------------------------------------- JUDGMENT The writ petition has been filed by the appellant in A.S No.349 of 2006 on the file of the First Additional District Court, Thrissur seeking the issue of orders/directions to the above court for expeditious disposal of a petition moved with the appeal for condoning the delay. That application bearing No.I.A 3301/2006 awaits enquiry and disposal for the last three years despite appearance of the respondent in the appeal is the grievance canvassed. A report from the First Additional District Court was called for as to why the above application has not been disposed of till date. It is reported by the Judge who is now in charge of the First Additional District Court that W.P.(C).No.26842 OF 2009 Page numbers the presiding officer of the First Additional District Court is on medical leave till 07/11/2009. Whatever that be, I direct the presiding officer in charge of that court, in which the above appeal and delay petitions are pending, to dispose of the delay petition I.A No.3301/2006, if service is complete, after hearing both sides, as expeditiously as possible, at any rate within a period of three weeks from the date of receipt of a copy of this judgment. Hand over a copy of the judgment to the counsel for the petitioner and also send a copy to the court concerned forthwith. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv