IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12113 of 2008(P) -------------------------- OS.295/1992 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER: -------------------- M.P.CHERIAN, S/O.M.J.PUNNOOSE, AGED 52, MANGALAM HOUSE, ALATTUCHIRA P.O. KODANADU, ERNAKULAM DISTRICT. BY ADV. SRI.V.J.JOSEPH SMT.M.V.LIGI SMT.LISSY JOSEPH RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB TREASURY OFFICER, NORTH PARAVOOR. 3. THE SUB TREASURY OFFICER, PERUMBAVOOR. 4. THE OFFICIAL RECEIVER, SUB COURT, NORTH PARAVOOR. 5. SRI.PRASAD PUNNOOSE, S/O.M.J.PUNNOOSE, MANGALAM HOUSE, CHITTOOR ROAD, ERNAKULAM. 6. SRI.M.P.JACOB, S/O.M.J.PUNNOOSE, MANGALAM HOUSE, CHITTOOR ROAD,ERNAKULAM. 7. SMT.AMEENA JACOB, W/O.M.P.JACOB, MANGALAM HOUSE, CHITTOOR ROAD, ERNAKULAM. 8. SMT.SINDHU THOMAS, D/O.M.P.JACOB, MANGALAM HOUSE, CHITTOOR ROAD,ERNAKULAM. 9. SRI.M.P.PUNNOOSE, S/O.M.J.PUNNOOSE, MANGALAM HOUSE, VANDANMEDU, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SMT. R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== W.P.(C)No.12113 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is preferred with a prayer to direct the Prl. Sub Court, North Paravur to transfer the amount in credit in the civil court deposit in O.S.No.295 of 1992 to the credit of the suit O.S.No.2 of 2007 pending before the Sub Court, Perumbavoor. The suit O.S.No.295 of 1992 was transferred to the Sub Court on account of the formation of a new court at Perumbavoor. The court ordinarily should have taken steps to transfer that amount also for the reason the court has lost its jurisdiction over the subject matter of the suit. In order to enable the court to pass an order for effecting transfer of the amount, I direct the petitioner herein to move an application for transfer of the amount and direct the Prl.Sub Court, North Paravur to consider and pass appropriate orders and not to delay transfer of the amount to the suit O.S.No.2 of 2007 for the reason that parties are Wp(C) 12113/2008 -:2:- entitled to withdraw the amount in shares by virtue of a formula evolved in the suit. Writ petition is disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-