IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 21293 of 2008(I) -------------------------- AGAINST THE ORDER IN EP 220/2006 IN OS.54/2006 of MUNSIFF COURT, TIRUR .................... PETITIONER: ------------ K.SHARAFUDHEEN, S/O.KUNHIMON KUNNATH HOUSE KOTTAYI AMSOM DESOM, TIRUR. BY ADV. SRI.K.ABDUL JAWAD RESPONDENTS: ------------- PERINGOTTUKARA YOGAKSHEMA SABHA ANTHIKKAD, REPRESENTED BY ITS SECRETARY AT H.O. THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.21293 of 2008 ------------------------------- Dated this the 15th July, 2008. J U D G M E N T This petition is filed under Article 227 of the Constitution of India challenging the execution proceedings contending that respondent was arrested and detained in Central Prison, in violation of the provisions of Rules 37 to 40 of Order XXI of Code of Civil Procedure. Petitioner did not produce either the order of court finding the means of the petitioner or the order for arrest and detention or the proceedings of the court, even to prima facie show that there was any illegality or irregularity in the proceedings. The fact that petitioner is in detention will not enable him to file a petition without the necessary materials. Hence, the petition is dismissed. Petitioner is entitled to challenge the order by producing the necessary orders. M.SASIDHARAN NAMBIAR, JUDGE nj.