IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 19057 of 2009(O) -------------------------- OS.629/2009 of PRL.SUB COURT,TRIVANDRUM .................... PETITIONER(S): ------------------------- MOHANAN NAIR, AGED 52 YEARS, SON OF PURUSHOTHAMAN NAIR, HOUSE NO I, 47, CHANGANPUZHA NAGAR, KALAMASSERY P.O., ERNAKULAM. BY ADVS. MR.JOHNSON GOMEZ, MR.S.BIJU (KIZHAKKANELA), FR.JOHNY THOTTAM, MR.S.VINCENT. RESPONDENT(S): -------------------------------- HARSHA KUMAR AGED 45 YEARS,S/O. SIVAN PILLAI, RESIDING AT LALITHA SREE PERUKANU, PEYAD P.O., THIRUVANANTHAPURAM. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE, MR.S.SUJIN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19057/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.629 OF 2009 BEFORE THE SUB COURT, TRIVANDRUM FILED BY THE SECOND RESPONDENT. P2: COPY OF THE I.A.NO.3038/2009 IN O.S.NO.629/2009 FILED BY THE SECOND RESPONDENT BEFORE THE SUB COURT, TRIVANDRUM. P3: COPY OF THE COMPLAINT DTD.1/06/2009 SUBMITTED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY. P4: COPY OF RECEIPT NO.85/P1/PIN/09 DTD. 1/06/2009 ISSUED BY THE OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KALAMASSERY. P5: COPY OF THE PETITION DTD. 30THMAY 2009 SUBMITTED BY THE RESPONDENT BEFORE THE SUB COURT, TRIVANDRUM. P6: COPY OF I.A.NO.3516 OF 2009 IN O.S.NO.629 OF 2009 BEFORE THE SUB COURT, TRIVANDRUM. P7: COPY OF THE ELECTRONIC TICKET OF EMIRATES AIRLINE TICKET NUMBER 17660580504463 ISSUED TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 19057 OF 2009 O ```````````````````````````````````````````````````` Dated this the 10th day of July, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs:- “(i) to direct Sub Court, Thiruvananthapuram to return the petitioner's passport bearing No.F-5768711 produced by the respondent as Japta No.6 along with Ext.P1 plaint expeditiously at any rate before 11.4.09. (ii) to direct the Sub Court, Thiruvananthapuram to consider Ext.P6 application and pass orders thereon, in accordance with law, expeditiously at any rate before 11.4.09.” 2. Notice by special messenger was ordered to the respondent and he has entered appearance through counsel. The petition moved before the Sub Court by the petitioner seeking return of the passport produced before that court, it is submitted, is posted for hearing on 30.7.2009. After having heard the counsel at length, I find a direction to the court below to hear and dispose Ext.P3 petition preferably on 30.7.2009 if possible and if not within WPC.19057/09 : 2 : a period of ten days from that date, will be sufficient to advance the ends of justice. There will be a direction to the court below as indicated above. Writ petition is disposed. (S.S. SATHEESACHANDRAN, JUDGE) aks