IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 W.P(C).No. 32076 of 2008(R) ------------------------------------- O.S.No.210/2000 OF ADL.SUB COURT, THALASSERY. ......................... PETITIONER : --------------------- K.SUDHAKARAN, S/O.RAMUNNI, MEMBER, KERALA LEGISLATIVE ASSEMBLY, THIRUVANANTHAPURAM, RESIDING AT 'LAL VIHAR' EDAKKAD AMSOM, P.O.KUZHUNNA, KANNUR DISTRICT. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENTS : ------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. MR.ARUNKUMAR SINHA, I.P.S.(SENIOR), DEPUTY INSPECTOR OF POLICE,ERNAKULAM,KOCHI. 3. MR.ARUNKUMAR SINHA, I.P.S (JUNIOR), CITY POLICE COMMISSIONER,THIRUVANANTHAPURAM. 4. MR.VALSAN,CIRCLE INSPECTOR OF POLICE, THALASSERY POLICE STATION, THALASSERY. 5. MR.BHASKARAN, ASST.SUB INSPECTOR OF POLICE, TOWN POLICE STATION,THALASSERY. 6. MR.S.P.CHALY,DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. BY SMT. R. BINDU, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. ------------------------------ W.P(c) No. 32076 of 2008 ----------------------------------- Dated this the 4th day of November, 2008 JUDGMENT Heard counsel for petitioner. 2. Petitioner is the plaintiff in O.S. No.210 of 2000 on the file of Learned Additional Sub Judge, Thalassery. Petitioner filed this proceeding requesting to direct the learned Sub Judge to summon the documents in Criminal M. C. No. 2081 of 1997 of the Court of District and Sessions Judge, Thiruvananthapuram and to stay further proceedings in O.S. No.210 of 2000 till those documents are received in the court of learned Sub Judge. 3. Counsel for petitioner states that as per Exhibit P1, judgment dated 16-11-2006 in W.P(c) No. 25805 of 2003, a learned Single Judge of this court had directed the learned Sub Judge to call for the records in Criminal M.C. No.2081 of 1997 but, without complying with that direction, the case is included in the list for trial. 4. Information was called for from the learned District and Sessions Judge, Thiruvananthapuram whether the records in Criminal M.C. No.2081 of 1997 are available in that court. It is reported that the records in Criminal M.C. No.2081 of 1997 were sent to this court for reference in Criminal R.P. No.186 of 1999. It is also reported from the office of this W.P(c) No. 32076/2008 2 court that the records in Criminal M.C. No.2081 of 1997 were sent to the Hon'ble Supreme Court from the Supreme Court Cell of this court on 22-07- 2002 for reference in Criminal Appeal No.452 of 2002. 5. Counsel for petitioner contends that without the relevant records, trial of the suit will be a farce . He therefore requested for a direction to the learned Sub judge to adjourn the trial of the case. 6. I do not consider it necessary or appropriate to issue any such direction. But, it is open to the petitioner to request the learned Sub Judge to adjourn the trial of the case in view of the facts and circumstances stated above and since the records directed to be called for by this court as per Exhibit P1, judgment has not reached the court of learned Sub Judge. If such request is made by the petitioner, learned Judge will consider that request in the light of the circumstances stated above and the direction contained in Exhibit P1, judgment. In the meantime, petitioner also can attempt at getting the certified copies of the relevant records so that, trial of the case is not indefinitely prolonged. With the above observation, this writ petition is closed. THOMAS P. JOSEPH, JUDGE scm