IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P. JOSEPH TUESDAY, THE 4TH OCTOBER 2011 / 2TH ASWINA 1933 OP(C).No. 3186 of 2011(O) -------- ------------------------- O.S. 329/2003 TO THE MUNSIFF COURT, ALUVA .......................................................................................... PETITIONER(S): ---------------------- 1. MAMPILAI KUDUMBA DHARMADAIVASTHANAM TRUST, REG.NO.4486/97, MANJAPRA P.O., ALUVA-683581. REPRESENTED BY PRESIDENT M.R. KARUNAKARA PILLAI, JAYAVILAS, PUTHIYEDAM, KANJOOR P.O., ERNAKULAM. 2. MAMPILAIL KUDUMBA DHARMADAIVASTHANAM TRUST, REPRESENTED BY SECRETARY M.R.RADHAKRISHNAN, MAMPILAI HOUSE, MANJAPRA P.O., MANJAPRA VILLAGE, ALUVA-683581. BY ADV. SRI.C.P.KUNHIKANNAN SRI. S.K. MADHU RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE SPECIAL TAHSILDAR, LAND TRIBUNAL, POONITHURA, MINI CIVIL STATION, THRIPUNITHURA- 682317. R1 AND R2 BY GOVT. PLEADER SRI. T.K. SAJEEV THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS OP(C).No. 3186 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS : EXHIBIT P1: TRUE COPY OF THE JUDGMENT DATED 21-6-2010 IN WPC 27612/2008 OF THIS HONOURABLE COURT. EXHIBIT P2: TRUE COPY OF THE LETTER DATED 6-12-2010 OF THE MUNSIFF, ALUVA TO THE 2ND RESPONDENT. EXHIBIT P3: TRUE COPY OF THE LETTER DATED 28-2-2011 OF THE MUNSIFF, ALUVA TO THE 2ND RESPONDENT. EXHIBIT P4: TRUE COPY OF THE LETTER NO.B3-R.C.1/08/2010 OF THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3186 of 2011 ==================================== Dated this the 04th day of October, 2011 J U D G M E N T This Original Petition is filed for a direction to the second respondent to retransmit the records of the case sent to him for answering the reference in O.S. No.329 of 2003 of the court of learned Munsiff, Aluva. It is submitted that in spite of learned Munsiff addressing twice directing the second respondent to retransmit records, that was not complied. 2. I am not inclined to think that the learned Munsiff in such circumstance is helpless to ensure that the second respondent transmitted the records sent to him in connection with the reference. It is open and the learned Munsiff should take necessary steps as provided under the law to ensure that the records sent to the second respondent are retransmitted as directed. Learned Munsiff is directed to take necessary steps in the matter. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv