IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5431 of 2008(S) --------------------------------- OP.80/2007 of FAMILY COURT, KOTTAYAM .................... PETITIONERS: ----------------- 1. C.K. KUTTAPPAN, CHERIVUPARAMBIL HOUSE, PALPUZHA KARA, MADAPPALLY P.O., CHANGANASSERY TALUK. 2. LEELA KUTTAPPAN, W/O. C.K.KUTTAPPAN, CHERIVUPARAMBIL HOUSE, PALPUZHA KARA, MADAPPALLY P.O., CHANGANASSERY TALUK. 3. C.K. JAYAPRAKASH, S/O. C.K.KUTTAPPAN, CHERIVUPARAMBIL HOUSE, PALPUZHA KARA, MADAPPALLY P.O., CHANGANASSERY TALUK. BY ADV. SRI.JOHN VARGHESE SRI.P.M.JOSEPH RESPONDENT: ----------------- RANI RAMACHANDRAN, PAKKATHU HOUSE, KATTATHY KARA, ETTUMANOOR P.O., KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- W.P.(C). No. 5431 OF 2008 ----------------------------------------- Dated this the 20th day of February, 2008. J U D G M E N T Kurian Joseph, J. This writ petition is filed with the following prayers: a) To call for the records leading to Exts. P1 to P7 and issue a writ of certiorari quashing Exhibits P2, P5, P6 & P7. b) To issue a writ of mandamus or any other appropriate writ, order or direction directing the Family Court, Kottayam to renumber Exhibits P3 and P4 as Interlocutory Applications in the Original Petition and allow the same. Having regard to the averments in the writ petition, we do not think it necessary to issue notice to the respondent at this stage. The interest of the respondent also can be safeguarded by the order we propose to pass, even without issuing notice to her. 2. There will be a direction to the Family Court, Kottayam to dispose of Exhibits P3 and P4 in accordance with law within a period of two months from the date of production of a copy of this judgment along with a copy of the writ petition. Further proceedings in execution shall be deferred till orders are passed W.P.(C). No. 5431/08 2 as above on Exhibits P3 and P4. Petitioners will serve a copy of this judgment and the writ petition on the respondent also immediately. This writ petition is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp