IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2369 of 2010(O) -------------------------------------- OS.103/2008 of SUB COURT, PATHANAMTHITTA .................... PETITIONER(S): ------------------- K.V.RAJAN,AGED 52,S/O.LATE P.C.VARGHESE, SNEHA BHAVAN, ULLANNUR MURI, KULANADA VILLAGE, KOZHENCHERRY TALUK,PATHANAMTHITTA DIST. FORMERLY MANAGING DIRECTOR OF BEST HOME CONTRACTING LLC, P.B.NO.25668,UAE,REP.BY HIS P/A HOLDER SIJO K.R., AGED 35,S/O.RAPHEAL K.T.,KADAVIL HOUSE, CHEERACHI DESOM, CHIYYARAN VILLAGE, THRISSUR TALUK & DISTRICT. BY ADV. MR.P.HARIDAS RESPONDENT(S): ----------------------- 1. SABAH ENGINEERING AND MARINE SERVICES, UAE, SOLE PROPRIETORSHIP CONCERN,OWNED BY MOHAMMED RAMDAN MOUSA AL SAWJANI, AGED 62, UAE NATIONAL, UAE PASSPORT NO.A.0374114, P.B.NO.521,DUBAI,UAE, REP.BY ITS WORKS CUM LEGAL MANAGER,K.S.APPUKUTTAN, AGED 65, S/O. LATE SANKARAN, ITS AUTHORISED AGENT AND WORKS-CUM-LEGAL MANAGER, AN INDIAN NATIONAL HAVING PERMANENT RESIDENTIAL ADDRESS AT KUTTIYIL(H),CHENNITHALA, CHERUKOLE P.O., CHENNITHALA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. 2. K.S.APPUKUTTAN, AGED 65, S/O.LATE SANKARAN, KUTTIYIL HOUSE, CHENNITHALA, CHERUKOLE P.O., CHENNITHALA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT. W.P.(C) NO.2369/2010 3. SABAH ENGINEERING AND MARINE SERVICES, UAE, SOLE PROPRIETORSHIP CONCERN,OWNED BY MOHAMMED RAMDAN MOUSA AL SAWJANI, AGED 62, UAE NATIONAL, UAE PASSPORT NO.A.0374114, P.B.NO.44, SHARJAH AND P.B.NO.521,DUBAI,UAE,REP.BY KOOTTUMMEL JOB JOSEPH, AGED 58, HOLDER OF INDIAN PASSPORT NO.Z 1179424, KALARICKAL HOUSE,INDUSTRIAL NAGAR PO, VERROOR, CHANGANACHERRRY TLAUK, KOTTAYAM DISTRICT. 4. KOOTTUMMEL JOB JOSEPH, AGED 58, KALARICKAL (H), INDUSTRIAL NAGAR P.O., VEROOR, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... W.P.(C)No.2369 OF 2010 ............................................. Dated this the 25th day of January, 2010. J U D G M E N T This writ petition is with a strange request to direct the learned Subordinate Judge to permit the writ petitioner to serve summons to the defendant in O.S.No.103/2008 of the Subordinate Judge's Court, Pathanamthitta through the learned counsel appearing for the decree holder in E.P.No.30/2008. It has to be stated that if it is in the same proceedings, the court can direct notice to be given to. In another proceedings, the court cannot direct a lawyer to receive notice on behalf of the claimant for the reason that it is the lawyer to decide whether he should appear in that particular case or not. Therefore I dispose of the writ petition permitting the writ petitioner herein to offer notice to the counsel referred to and if he accepts the notice, then further things may not be necessary. If he does not accept the notice, the writ petitioner has to take steps to complete proper service. M.N. KRISHNAN, JUDGE cl : 2 : cl : 3 :