IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 11718 of 2006(T) ---------------------------------------- MC.991/1999 of FAMILY COURT, MANJERI. .................... PETITIONER(S): --------------------- K.P. RAMESH BABU, S/O.K.P. AMMINI, AGED 43 YEARS, PALAMTHODI HOUSE, IRUMBUZHI, MALAPPURAM DISTRICT, WORKING AS L.D.CLERK, DISTRICT T.B.CENTRE, MANJERI. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------------------- 1. VIJAYASREE, D/O.VELAYUDHAN, PARAYIL HOUSE, DOWN HILL, MALAPPURAM. 2. THE DISTRICT T.B.OFFICER, DISTRICT T.B.CENTRE, MANJERI, MALAPPURAM DISTRICT. R1 BY ADV. SRI.P.VIJAYA BHANU, SRI.M.REVIKRISHNAN. R2 BY GOVT. PLEADER MR.I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.11718 OF 2006 --------------------------------------------- Dated 21st October, 2010 JUDGMENT Writ petition is filed under Article 227 of Constitution of India for a writ of mandamus commanding Family Court, Manjeri to keep in abeyance all further proceedings in C.M.P.499/2005 in M.C.991/1999 and Exts.P2 and P4 orders contending that petitioner has deposited Rs.25,000/- before Family Court on 4/10/2005 and he is drawing salary of only Rs.1,921/- and by Ext.P2 order Rs.4,000/- per month is to be deducted from his salary and in such circumstances, Exts.P2 and P4 orders are to be quashed. 2. When the writ petition came up for admission on 25/4/2006 petitioner was directed Wpc 11718/06 2 to deposit Rs.15,000/-, within a period of six weeks, before the Family Court, Manjeri. Though time was granted thereafter on 1/6/2006 and again on 7/6/2006, petitioner did not produce any material before this Court either to show that Rs.25,000/- as averred in the writ petition was deposited before the Family Court or to show that Rs.15,000/- as directed on 25/4/2006 was deposited. By order dated 12/6/2006 this Court recording that fact, posted the case as last chance to 15/6/2006. On that day also no material was produced. Therefore, case was directed to be posted for admission as and when moved by the petitioner. That order was passed on 15/6/2006. Petitioner did not move the writ petition for admission thereafter. Petition is now posted at the Wpc 11718/06 3 instance of the first respondent as according to the learned counsel appearing for first respondent, on enquiry it was revealed from the Family Court that in view of the order passed by this Court, C.M.P is not taken up. 3. Learned counsel appearing for the petitioner and learned counsel appearing for the first respondent were heard. 4. In spite of the direction given by this Court, petitioner did not produce any material to show that he deposited Rs.25,000/- as claimed in the writ petition or Rs.15,000/- as directed by this Court. In such circumstances, writ petition is disposed permitting petitioner to raise all the contentions before the Family Court, Manjeri in C.M.P.499/2005 in M.C.991/1999. If petitioner Wpc 11718/06 4 has paid the entire amount due as claimed, Family Court not to recover the said amount from the salary. M.SASIDHARAN NAMBIAR, UDGE. uj.