IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 23082 of 2008(W) -------------------------- OS.243/1995 of SUB COURT,KOTTARAKKARA .................... PETITIONER: PETITIONER -------------- P.T.MOHAN BABU, S/O. LATE THOMAS VAIDYAN, JAYABHARATHAM GRADENS NEAR RAIL WAY STATION, PUNALUR MURI, PUNALUR. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH RESPONDENTS: RESPONDENTS ------------------------ 1. P.T. RAJAN BABU, RESIDING AT JAYABHARATHAM BUNGLOW, NO.1, ERUMAPETTY, PUNALUR. 2. KUNJAMMA THOAS, W/O. LATE THOMAS VAIDYAN JAYABHARATHAM BUNGALOW, NEAR RAIL WAY STATION, PUNALUR MURI, PUNALUR. 3. P.T. CHANDRA BABU, AGED 46 YEARS, S/O. LATE THOMAS VAIDYAN, JAYABHARATHAM GARDENS, NEAR RAIL WAY STATION, PUNALUR MURI, PUNALUR. 4. P.T. SUBHASH BABU, RESIDING AT JAYABHARATHAM BUNGALOW, ARAMPUNNA, PUNALUR VILLAGE. 5. P.T. ROY BABU, AGED YEARS, RESIDING AT JAYABHARATHAM BUNGALOW, NEAR RAIL WAY STATION, PUNALUR VILLAGE, PUNALUR. W.P.(C) No.23082 of 2008 : 2 : 6. P.T. PRAKASH BABU, S/O. LATE THOMAS VAIDYAN, JAYABHARATHAM GARDENS, NEAR RAIL WAY STATION, PUNALUR MURI, PUNALUR. 7. P.T. JOSE BABU, AGED 34 YEARS, S/O. LATE THOMAS VAIDYAN, JAYABHARATHAM GARDENS, NEAR RAIL WAY STATION PUNALUR MURI, PUNALUR. 8. P.T.USHAKUMAR, AGED 32 YEARS, D/O. LATE THOMAS VAIDYAN, JAYABHARATHAM GARDENS, NEAR RAIL WAY STATION, PUNALUR MURI, PUNALUR. 9. P.T.SANTHOSH BABU, AAGED 30 YEARS, S/O. LATE THOMAS VAIDYAN, JAYABHARATHAM BUNGLOW, PUNALUR VILLAGE, PATHANAPURAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.23082 of 2008 ------------------------------- Dated this the 19th August, 2008. J U D G M E N T Petitioner is the the plaintiff in O.S.No.243 of 1995, on the file of Sub Court, Kottarakkara. This petition is filed under Article 227 of the Constitution of India for a direction to Sub Court, Kottarakkara, to pronounce judgment in the suit, which according to the petitioner was heard on 9.8.2006. In view of the allegations in the petition, a report from the concerned Sub Judge was called for. The report shows that though evidence was closed and argument notes were furnished on 17.7.2006, the case could not be disposed, as it is a heavy suit and is connected with other two suits. It is also reported that direction of the High Court is only to dispose the suit expeditiously and the Officer is under orders of transfer, and, therefore, he could not dispose the matter. 2. The learned counsel appearing for the petitioner was heard. W.P.(C) No.23082 of 2008 2 3. The direction sought for is to dispose O.S.No.243 of 1995 by Sub Court, Kottarakkara. But when the writ petition was filed, the concerned Sub Judge was under orders of transfer. He subsequently relinquished the charge and no other Sub Judge was posted to Sub Court, Kottarakkara. In such circumstances, no purpose would be served by giving a direction as sought for, especially when as per Ext.P1 judgment dated, 14.12.2005, this Court has already given a direction for an expeditious disposal of the suit. 4. But report submitted by the learned Sub Judge invites an unhappy situation. Ext.P1 judgment dated, 14.12.2005 directs the trial court to dispose the suit expeditiously, without any further adjournment from 13.2.2006. In spite of this direction, it is unfortunate to note that the suit in which even argument notes was furnished on 17.7.2006 and arguments were completed on 28.7.2006, yet to be disposed. It is inspite of Ext.P1 directions of a learned Single Judge of this W.P.(C) No.23082 of 2008 3 Court. Inspite of the direction to dispose the suit “expeditiously without any further adjournment of the case from 13.2.2006”, the report shows, direction was only to dispose as expeditiously as possible. This attitude cannot be ignored. Place the matter before the Administrative Judge of the District along with the writ petition and the remarks of the learned Sub Judge. The writ petition is disposed directing Sub Court, Kottarakkara, to dispose the suit . M.SASIDHARAN NAMBIAR, JUDGE nj.