IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 2994 of 2008(F) ------------------------------------- OS.484/2001 OF I ADDL.SUB COURT,ERNAKULAM. .................... PETITIONER: ------------------- T.THOMAS MATHAI,S/O. MATHAI AGED 49 YEARS, THADA VILLA CHANGAMPUZHA NAGAR, KOCHI-33. BY ADV. SRI.N.C.JOSEPH. RESPONDENTS: ------------------------ 1. JOSEPH ALEN,S/O.THOMAS, AGED 52 YEARS RESIDING AT J.M.CRESENT, FLAT 8 B 8TH FLOOR, P.J.ANTONY ROAD MAMANGALAM,ERNAKULAM. 2. SHEELA ALEN, W/O.JOSEPH ALEN, AGED 49 YEARS,RESIDING AT J.M.CRESENT, FLAT 8 B 8TH FLOOR, P.J.ANTONY ROAD MAMANGALAM,ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.2994 OF 2008 ===================== Dated this the 28th day of January 2008 JUDGMENT This writ petition is preferred against the order of the Sub Court, Ernakulam in I.A.No.5773 of 2007 in O.S.No.484 of 2001. It was an application filed by the defendants in the suit to withdraw the permission granted to the plaintiff to sue as an indigent person. So to start with the indigency of the petitioner is found in his favour by the court below. Ordinarily, a permission to withdraw the right to sue as an indigent person comes into play when after the institution of the suit the plaintiff comes in to possession of wealth which makes him capable of paying the court fee. The counter affidavit filed by the plaintiff in the interim application would only show that he had not acquired any property or sold any property two years prior to the filing of the petition. According to him, the property mentioned in the petition was handed over to M/s.Jomon Builders for construction of a multi-storeyed building. But the builder abandoned the project in midway and thus the land could not be put to any profitable way. There appears to be some force in the said contention for the reason that WP(C)2994/2008 -:2:- matters are pending before this Court with respect to Jomon Builders. Therefore the court should have permitted the plaintiff in the suit to adduce evidence to show that he has not come into possession of any means after the filing of the indigent petition. Unlike other cases in an indigent petition the court has to find that really there is means and then only can withdraw the permission to sue as an indigent person. The matter requires reconsideration at the hands of the court below. Therefore the order under challenge is set aside and the matter is remitted back to the court below for fresh consideration after permitting the petitioner herein to adduce evidence in support of his contention that he continues to be an indigent person. He is directed to appear before the court below on 26.2.2008 and on his first appearance the court shall fix a date of appearance of the defendants in the suit, hear them and dispose of the matter in accordance with law. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-