IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 15909 of 2009(R) -------------------------- OS.131/2005 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- T.K.RAJASEKHARAN , AGED 53 YEARS, S/O.KRISHNAN, THUNDUVILAKATHU VEEDU MANKATTUKADAVU, THIRUMALA PO, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): --------------- RAMANI DEVI, D/O.LATE AMMUKUTTY AMMA RESIDING AT CHEMPUPARAMBU VEEDU VALIYAMURI DESOM, VENNANADU VILLAGE NEDUMANGADU TALUK, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.15909 of 2009 ---------------------------------------- Dated this the 29th day of June 2009 J U D G M E N T BASANT,J The short grievance of the petitioner is that O.S.No.131/05 pending before the Family Court, Nedumangad has not been disposed of even though the same was filed as early as in 1999 and all steps in the matter are complete. Report of the learned Judge was called for. The learned Judge in the report dated 24/6/2009 submits that the said suit O.S.No.131/05 is scheduled to be disposed of along with O.P.No.1159/2006 and that O.P.No.1159/2006 now stands posted for recording the evidence. 2. We are shocked to see from the report that an Advocate Commissioner was appointed as early as on 27/12/2007 to record evidence; but the evidence has not been recorded. What has the Commissioner been doing so far? Why has the evidence not been recorded? Why has the Family Court not insisted that evidence must be recorded by the Commissioner within a stipulated period of time? All these questions remain unanswered in the report of the learned Judge. The learned Judge however, points out that an amount of Rs.7,800/- which is payable in C.M.P.No.237/08 in M.C.No.121/05 has not been paid by the petitioner. The learned W.P.C No.15909/09 2 counsel for the petitioner submits that the said amount shall forthwith be paid or deposited before the court below by the petitioner. 3. We are satisfied, in these circumstances, that appropriate directions can be issued as agreed by the learned counsel for the petitioner. 4. This writ petition is accordingly allowed in part and the following directions are issued: i) The petitioner shall pay to the claimant's counsel or deposit an amount of Rs.7,800/- (Rupees seven thousand eight hundred only) before the Family Court within a period of seven days from this date. ii) The Family Court shall ensure that both O.S.No.131/05 and O.P.No.1159/2006 are disposed of as expeditiously as possible - at any rate within a period of three months from the date of such deposit. 5. Compliance shall be reported to this court within a period of 15 days from the date of disposal. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.C No.15909/09 3 W.P.C No.15909/09 4 W.P.C No.15909/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009