IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 WP(C).No.33674 of 2008(H) --------------------------------- EA 360/2007 IN EP 210/2007 IN ARC.763/2004 of MUNSIFF COURT, PAYYOLI .................... PETITIONER: --------------- KURAKKANKANDI NARAYANAN (J.D),REP. BY GUARDIAN/SON K.K.SASI, PERUMADATHIL, THAZHEKUNIYIL THRIKKOTTUR AMSOM, DESOM, KOYILANDY. BY ADV. SRI.RAFFEEKH.K RESPONDENT: ---------------- THE PAYYOLI COOPERATIVE BANK LTD, REPRESENTED BY SECRETARY, PAYYOLI (DECREE HOLDER) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.33674 of 2008 ------------------------------------------------ Dated this the 14th day of November, 2008 JUDGMENT Petitioner is the son of the judgment debtor and he has not been appointed guardian by any authority whatsoever. If so advised, the petitioner may move appropriate petitions to have him appointed guardian of the judgment debtor before the proper Forum. Writ Petition is not the remedy to have him appointed as guardian or to grant any relief for the judgment debtor. It is also seen that the wife of the judgment debtor had filed Ext.P3 as guardian of the judgment debtor and Ext.P2 is the order thereon passed by the court below after conducting an enquiry almost in the nature of an inquisition and found that the judgment debtor is capable of contesting the proceedings through a duly appointed agent and consequently, he dismissed Ext.P3. W. P. C. No.33674 of 2008 -2- 2. There is no merit in this Writ Petition filed by the son of the judgment debtor as guardian on behalf of the judgment debtor and the Writ Petition is hence, dismissed. K.P.BALACHANDRAN, JUDGE kns/-