IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 13333 of 2009(R) -------------------------- OP.821/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONER(S): --------------- P.S.SATHEESH PANICKER, S/O. SREEDHARA PANICKER, AGED 54 YEARS, EMPLOYED AT AL ZHUHAL CONST. CO. PO BOX.124, BALGURASHE 2288 K S A, REP.BY GOPALAKRISHNA PANICKER, AGED 58, ANJALI HOUSE, MARIATHURUTHU KARA, AYMANAM VILLAGE, KOTTAYAM TALUK. BY ADV. SRI.P.V.BIJUMON SMT.R.LEELA RESPONDENT(S): --------------- VASANTHY PANICKER, W/O.SATHEES PANICKER, AGED 53, ANJALI HOUSE, MARIATHURUTHU KARA, AYMANAM VILLAGE, KOTTAYAM TALUK, NOW RESIDING AT JYOTHI BHAVAN, KOTHALA KARA, KOOROPPADA VILLAGE, KOTTAYAM TALUK, KOTHALA P.O., KOTTAYAM. ADV. SRI.LIJI.J.VADAKEDOM FOR R1 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. W.P.C.NO.13333 OF 2009 DATED THIS THE 2ND DAY OF JUNE 2009 J U D G M E N T R.BASANT The grievance of the petitioner is that the original of Exts.P4,P5,P6 and P7 which were filed by the petitioner before the Family Court is not being accepted by the Family Court. We fail to understand this submission. There can be no instance of a court refusing to receive a petition. It must either be returned after presentation to cure the defects with appropriate endorsement. In the alternative it must be rejected or disposed of in accordance with law. The position is made clear in Gopalakrishna Pillai v. District Superintendent of Police [2008(3)KLT 80]. We are not at all pleased to hear the submission that the court has not so received such applications or that the counsel has meekly returned from court with such unaccepted petitions in site of the above decision. In these circumstances, we are unable to accept the submission that the petitioner had produced the original of Exts.P4 to P7 before court and had come back from the court for the reason that they were not received by the Family Court. WPC No.13333/09 :2: 2. This writ petition is, in these circumstances, dismissed. But we make it clear that the petitioner can present whatever petitions he wants to present before the Family Court and the Family Court, after receiving the same, must make appropriate endorsement thereon and return it or pass appropriate orders. 3. With the above observations, this petition is dismissed. Hand over copy of this judgment to the learned counsel for the petitioner for production before the Family Court. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr