IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).NO. 19543 OF 2010(O) ----------------------------------------- AS.49/1976 OF PRL.S.C.,THALASSERY .................... PETITIONER(S): ---------------------- ACHYATH MADHAVAN, S/O.KUNHIRAMAN, AGED 56 YEARS, PALLITHAZHE HOUSE, P.O.VADAKKUMBAD, THALASSERY. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- 1. NEYYAN MATHA, W/O.LATE PUTHUKKUDI KUNHIRAMAN, ERANHOLY AMSOM, VADAKKUMBAD DESOM, THALASSERY, KANNUR DISTRICT. 2. RAGHAVAN, S/O.LATE PUTHUKKUDI KUNHIRAMAN, ERANHOLY AMSOM, VADAKKUMBAD DESOM, THALASSERY, KANNUR DISTRICT. 3. MANDAMULLATHIL PONON GOVINDAN, RETIRED TEACHER, KADIRUR AMSOM PLULLIOR DESOM, THALASSERY TALUK, KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.19543 of 2010 ==================================== Dated this the 23rd day of June, 2010 J U D G M E N T Writ Petitioner who is a third party to the litigation which I am told is concluded applied for certified copy of certain documents including judgment and decree in A.S. No.49 of 1976 of the court of learned Principal Sub Judge, Thalassery. Grievance of petitioner is that he applied for copy of documents as early as on 28.06.2008 but the application was returned to him. 2. Rule 240 of the Civil Rules of Practice states the circumstances in which copy of records (other than coy of judgment) can be issued to a third party on hisapplication. If petitioner has complied with that provision necessarily he has to be given copy of the documents applied for including the judgment. 3. It is submitted by learned counsel that application for copy of documents was returned to him from the office of the court of learned Principal Sub Judge, Thalassery stating that records have been sent to the records room of the District Court concerned. If the records have been confined to the Record W.P(C) No.19543 of 2010 -: 2 :- Section of the District Court it must be got back for the purpose of compliance of the application for copy. Petitioner shall re-submit the application for copy of the records within a week from this day in the court of learned Principal Sub Judge, Thalassery. 4. Hence I direct learned Principal, Sub Judge, Thalassery to issue copy of the documents as requested for in C.A. No.2252 of 2008 dated 28.06.2008 to the petitioner if the said application is in accordance with the relevant rules, on usual terms. It shall be done within three weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed as above. THOMAS P. JOSEPH, JUDGE. vsv