IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 13910 of 2006(E) -------------------------------------- CMA.4/2004 of ADDITIONAL DISTRICT COURT (ADHOC), MANJERI CMP.4338/2003 of C.J.M.,MANJERI .................... PETITIONER: ------------------ KUNIYIL DAYANANDAN, AGED 54 YEARS, S/O. GOPALAN, KAYAPANACHI DESOM, EDACHERY, VATAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.PREMNATH (E) RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT,MINISTRY OF HEALTH TRIVANDRUM, REP. BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKULAM. 2. K.P. RATHI, AGED 36 YEARS, D/O. LATE GOPALAN NAIR, TEACHER, A.M.L.P.SCHOOL, VAKKAD BEACH, TIRUR, MALAPPURAM DISTRICT. 3. NARAYANI AMMA, AGED 70 YEARS, W/O. LATE GOPALAN NAIR, C/O. RATHI, TEACHER, A.M.L.P. SCHOOL, VAKKAD BEACH, TIRUR, MALAPPURAM DISTRICT. 4. THE HEAD MASTER, A.M.L.P. SCHOOL, VAKKAD BEACH, TIRUR, MALAPPURAM DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, AEO'S OFFICE, TIRUR, MALAPPURAM DISTRICT. 6. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT, DEO'S OFFICE, CIVIL STATION, MALAPPURAM. 7. THE DY. SUPERINTENDENT OF POLICE, DY.S.P.'S OFFICE, TIRUR. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13910/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER OF DIVORCE DT. 23.1.1990 IN OP . 75/1989 FILED BY THE 2ND RESPONDENT JOINTLY WITH T.K.SIVARAMAN IN SUB COURT, THELLICHERY. EXT.P2:- COPY OF THE ORDER DT. 11.6.02 BY FAMILY COURT, KOZHIKODE IN IA 334/02 IN OP. 140/02 TO SENT 2ND RESPONDENT FOR MENTAL HEALTH EXAMINATION. EXT.P3:- COPY OF THE LETTER DT. 27.7.02 BY SUPERINTENDENT , MEDICAL COLLEGE HOSPITAL THAT 2ND RESPONDENT REQUIRES CLOSE OBSERVATION AND CLINICAL EXAMINATION FOR A FEW DAYS. EXT.P4:- COPY OF THE ORDER DT. 12.11.02 IN OP. 140/02 DISMISSING 2ND RESPONDENT'S PRAYER FOR DIVORCE. EXT.P5:- COPY OF THE DEPOSITION OF DR. A.M. GOPALAKRISHNAN, PSYCHIATRIST IN CC 890/02 ON THE MENTAL HEALTH OF 2ND RESPONDENT. EXT.P6:- COPY OF THE JUDGMENT DT. 29/01/05 OF THE HONOURABLE JFCM COURT, TIRUR IN CC 890/01. EXT.P7:- COPY OF THE PETITIONER'S CRL.MP. 4338/03 DT. 27.10.03 BEFORE CJM MANJERI UNDER SECTIONS 25(2)(3) OF MENTAL HEALTH ACT TOGETHER WITH ACCOMPANYING DOCUMENTS. EXT.P8:- COPY OF THE ORDER DT. 13.2.04 CRL. MP. NO.4338/04 PASSED BY CHIEF JUDICIAL MAGISTRATE COURT, MANJERI. EXT.P9:- COPY OF THE PETITIONER'S CMA. 4/04 BEFORE DISTRICT COURT, MANJERI UNDER SECTION 49 MENTAL HEALTH ACT. EXT.P10:- COPY OF THE JUDGMENT DT. 5.1.06 OF THE HONOURABLE HIGH COURT OF KERALA IN WPC. 30381/05. EXT.P11:- COPY OF THE ORDER DT. 25.2.06 IN CMA. NO.4/04 PASSED BY ADDITIONAL DISTRICT JUDGE FAST TRACK COURT NO.1 (ADHOC) MANJERI. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.13910 of 2006 ---------------------------------------------- Dated 4th July, 2008. J U D G M E N T Petitioner approached this court aggrieved by the cost imposed in Ext.P11 order. Learned appellate authority imposed the cost on the finding that the petitioner has been harassing the second respondent. On going through the proceedings, it is clear that the petitioner has been pursuing his grievance in accordance with law. If that be so, it cannot be said that this is a case where the petitioner should have been imposed the cost. Therefore, that part of the order in Ext.P11 imposing cost to the tune of Rs.10,000/- is vacated. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.13910 of 2006 ---------------------------------------------- J U D G M E N T Dated 4th July, 2008.