IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 33096 of 2008(M) -------------------------- OS.259/2006 of II ADDL.SUB COURT,KOZHIKODE .................... PETITIONER(S): --------------- 1. DR.K.NANDINI, AGED 35 YEARS GOVT. WOMEN & CHILDREN HOSPITAL, KOTTAPARAMBA, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. 2. DR.K.MOHANDAS, AGED 40 YEARS ASST.SURGEON, GOVT. WOMEN & CHILDREN HOSPITAL, KOTTAPARAMBA, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. 3. DR.E.RAJINI, D/O. MOOTHORAKUTTY AGED 45 YEARS, GOVT. WOMEN & CHILDREN HOSPITAL, KOTTAPARAMBA, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. 4. DR.G ABHA, AGED 40 YEARS GOVT. WOMEN & CHILDREN HOSPITAL, KOTTAPARAMBA, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. 5. DR.P. BHARADWAJAN AGED 56 YEARS, GOVT. WOMEN & CHILDREN HOSPITAL, KOTTAPARAMBA, NAGARAM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.SHYAM PADMAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- 1. K.SUNDARAN, AGED 36 YEARS S/O. KANARAN CHETTIAR, KEEZHADATH HOUSE PANTHEERANKAVU VILLAGE, KAILAMADOM DESOM P.O.PANTHEERANKAVU, KOZHIKODE, WPC 33096/08 2. SUBISHNA, MINOR AGED 6 YEARS D/O.K.SUNDARAN, KEEXHADATH HOUSE PANTHEERANKAVU VILLAGE, KAILAMADOM DESOM P.O.PANTHEERANKAVU, KOZHIKODE, 3. SHOBISH, MINOR AGED 3 YEARS S/O.K.SUNDARAN, KEEZHADATH HOUSE PANTHEERANKAVU VILLAGE, KAILAMADOM DESOM P.O.PANTHEERANKAVU, KOZHIKODE, 4. STATE OF KERALA REPRESENTED BY SECRETARY HEALTH DEPARTMENT, GOVT, OF KERALA THIRUVANANTHAPURAM. ADV. SRI.P.S.SREEDHARAN PILLAI FOR R1 SMT.C.G.PREETHA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 33096/08 APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF IA NO.1789/07 ON THE FILE OF THE IIND ADDITIONAL SUB COURT, KOZHIKODE. EXT.P2: COPY OF IA NO.313/2008 ON THE FILE OF IIND ADDITIONAL SUB COURT, KOZHIKODE. EXT.P3: COPY OF THE REPORT DATED 14.3.2008 BY THE ASSISTANT COMMISSIONER OF POLICE EXT.P4: COPY OF IA 1354/08 ON THE FILE OF THE IIND ADDITIONAL SUB COURT, KOZHIKODE EXT.P5: COPY OF THE AFFIDAVIT DATED 22.7.2008 SUBMITTED BY THE ASSISTANT COMMISSIONER OF POLICE, SOUTH, KOZHIKODE CITY BEFORE THE LOWER COURT. EXT.P6: COPY OF IA NO.1043/08 ON THE FILE OF THE IIND ADDITIONAL SUB COURT, KOZHIKODE EXT.P7: COPY OF IA 1044/08 ON THE FILE OF THE IIND ADDITONAL SUB COURT, KOZHIKODE EXT.P8: COPY OF IA 1044/08 ON THE FILE OF THE IIND ADDITIONAL SUB COURT, KOZHIKODE. EXT.P9: COPY OF THE COUNTER FILED BY THE 4TH RESPONDENT IN IA 4044/05 BEFORE THE TRIAL COURT. EXT.P10: COPY OF APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT AND ITS ACKNOWLEDGMENT EXT.P11: COPY OF THE APPLICATION DATED 7.11.2008 FILED UNDER RULE 120 OF CRP 1ST RESPONDENT'S EXHIBTS: EXT.R1(a) : COPY OF THE JUDGMENT IN WPC 9249/069 OF THE HON'BLE HIGH COURT EXT.R1(b) : COPY OF THE REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 7.9.2008 /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.33096 of 2008 --------------------------------------------- Dated this the 5th day of March, 2009 JUDGMENT The petitioners are defendant Nos.1 to 5 in O.S.No.259 of 2006 on the file of the court of the Second Additional Subordinate Judge's Court, Kozhikode. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of mandamus or any other appropriate writ direction or order directing the 2nd Addl. Sub Court, Kozhikode to issue carbon copy of the order in I.A.No.4044 of 2008 and not to proceed with the trial till in O.S.No.259 of 2006 in its file till carbon copy is made available and breathing time given to the petitioner to challenge the same. (ii) to direct the court below by the issuance of a writ of mandamus or any other appropriate order or direction to consider Ext.P11 application. (iii) Such other order as this Hon'ble Court may deem fit to pass under the circumstances.” (2) Learned counsel for the petitioners submits that the relief No.(i) has become infructuous as carbon copy was issued later. As regards relief No.(ii), it is submitted that Ext.P11 application (I.A.No.4452 of 2008) filed by the second petitioner WPC No.33096/2009 2 under Rule 120 of the Civil Rules of Practice is pending consideration before the court below. According to the petitioners, it is necessary to dispose of that application on the merits. Prayer No.(ii) is not opposed. Since Ext.P11 application is pending before the court, it is only just and proper to direct the court below to dispose of Ext.P11 application expeditiously. Accordingly, the Writ Petition is disposed of directing the Second Additional Sub Court, Kozhikode to dispose of I.A.No.4452 of 2008 filed by the second petitioner herein under Rule 120 of the Civil Rules of Practice. K.T.SANKARAN, JUDGE csl