IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 8TH JULY 2010 / 17TH ASHADHA 1932 WP(C).No. 26853 of 2008(V) -------------------------- AGAINST THE ORDER IN I.A.581 OF 2007 IN OP.128/1994 of ADDL. DISTRICT COURT, THALASSERY .................... PETITIONER(S): --------------- 1. V.M.LAKSHMANAN, AGED 66 YEARS, S/O.DAMODARAN, THOTTATHIL HOUSE, DHARMADAM AMSOM, ANDALOOR DESOM, PALAYAD P.O., THALASSERY. 2. SEETHALAKSHMI, AGED 58 YEARS, W/O.V.M.LAKSHMANAN, S/O.DAMODARAN, THOTTATHIL HOUSE, DHARMADAM AMSOM, ANDALOOR DESOM, PALAYAD P.O., THALASSERY. BY ADV. SRI.P.V.MOHANAN RESPONDENT(S): --------------- 1. SUPERINTENDENT, GOVERNMENT HOSPITAL, THALASSERY. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SHRI P.R.JAYAKRISHNAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.26853/2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF ORDER IA NO.1597/94 IN OS 128/94 DATED 16.12.1994 EXT.P2 TRUE COPY OF THE ORDER IN IA NO.134/95 INOP 128/94 DATED 13.2.1995 EXT.P3 TRUE COPY OF ORDER IN IA NO.1129/2004 IN OS 128/94 DATED 16.7.2005 EXT.P4 TRUE COPY OF IA NO.581/2007 IN OP 128/1994 DATED 19.3.2007 EXT.P5 TRUE COPY OF ORDER IN IA NO.581/2007 IN OP NO.1`28/94 DATED 6.12.2007 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.26853 of 2008 -------------------------------------- Dated this the 8th day of July, 2010. JUDGMENT This Writ Petition is filed by the petitioners in O.P.No.128 of 1994 of the court of learned District Judge, Thalassery. As per order passed in the said proceeding petitioners were appointed as legal guardian of the minor child, A.P.Varun. While disposing of O.P.No.128 of 1994 learned District Judge directed petitioners to deposit a sum of Rupees two lakhs but, petitioners were not able to raise that much amount and hence learned District Judge allowed petitioners to deposit Rupees one lakh in cash and furnish security for the balance amount which, I am told petitioners have complied. Later, petitioners filed I.A.No.581 of 2007 for permission to withdraw certain amount from the interest that accrued in the fixed deposit, according to the petitioners to be used for welfare of the child. But that application was dismissed by the learned District Judge. That order is under challenge in this Writ Petition. This Court as per order dated 29.09.2009 after hearing counsel for petitioners and learned Government Pleader allowed petitioners to withdraw Rs.25,000/- from the interest that has accrued in the fixed deposit. Petitioners were directed to redeposit the fixed deposit receipt in the court of learned District Judge. Learned counsel for petitioners state that the said directions have been complied. According to the learned counsel, the amount now in deposit is Rs.3,36,000/-. He states that a further sum of Rs.25,000/- is necessary to meet WP(C) No.26853/2008 2 requirements of the child who is now studying in Perks Public School, Coimbatore. Learned Government Pleader has pointed out that in the report submitted by the District Social Welfare Officer, Kannur it is stated that the minor is studying in Perks Public School, Coimbatore and that about Rs.14,000/- per year is required to meet the educational expenses of the minor. 2. As per the direction of this Court learned District Judge has sent report dated 26.10.2009 wherein it is stated that while disposing of O.P.No.128 of 1994 petitioners were directed to submit annual progress report concerning the condition of the minor until he attained majority or till the minor is adopted under provisions of the Hindu Adoptions and Maintenance Act. Learned District Judge has reported that petitioners have not filed such annual report nor was any action taken to adopt the minor. Learned counsel for petitioners stated that O.P.No.410 of 2009 is already filed under provisions of the Hindu Adoptions and Maintenance Act to adopt the child and that petition is pending consideration. Petitioners are prepared to submit annual reports as directed by learned District Judge. 3. It is seen from the report of the District Social Welfare Officer also that the minor child is studying at Perks Public School, Coimbatore. Necessarily it involves expenses. Petitioners have to spend money for the maintenance of the child. Having regard to the facts and circumstances, I am inclined to permit petitioners to withdraw a further sum of Rs.25,000/- from the interest that has accrued in the fixed deposit. I also make it clear that it will be WP(C) No.26853/2008 3 open to the petitioners to move appropriate applications before the learned District Judge in case any further amount is required for the welfare of child but on compliance with the conditions imposed by learned District Judge while disposing of O.P.No.128 of 1994 and any further condition that the learned District Judge may imposed. Resultantly this Writ Petition is allowed in the following lines: i. Petitioners are permitted to withdraw a further sum of Rs.25,000/- (Rupees Twentyfive thousand only) from the interest that has accrued in the fixed deposit. For the said purpose, learned District Judge may handover the receipt of fixed deposit to the petitioners who shall return the fixed deposit receipt for the balance amount to the learned District Judge within fifteen days from the day learned District Judge hands over the receipt to the petitioners. ii. Petitioners shall file a statement before learned District Judge as to the manner of utilisation of the said amount of Rs.25,000/- with supporting bills and vouchers if any within two months from the date of receipt of amount. iii. In case any further amount is required by petitioners, it will be open to them to move appropriate application before learned District Judge stating reasons and details of expenses required to be incurred. iv. In case any further amount is requested for by petitioners it shall be open to learned District Judge to call for a report from petitioners as to the welfare of child for an year preceding filing of such petition. It will also be WP(C) No.26853/2008 4 open to the learned District Judge to direct petitioners to produce recent colour photographs of the child with details of his study. Learned District Judge may also call for a report from the District Social Welfare Officer concerned as to the condition of child before deciding upon whether petitioners are to be permitted to withdraw any further amount. v. In case learned District Judge decided to give permission to petitioners to withdraw any further amount learned District Judge may call for a statement from petitioners as to the manner in which amount has been utilised and require them to produce bills and vouchers if any in the matter. vi. Petitioners shall comply with all the directions contained in the order disposing of O.P.No.128 of 1994. THOMAS P.JOSEPH, Judge. cks