IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22691 of 2010(O) -------------------------- SUO MOTU RESPONDENT(S): ---------------------- ADDITIONAL DISTRICT JUDGE-I, MAVELIKKARA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ON 22/07/2010, THE COURT ON 26/07/2010 DELIVERED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22691 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of July, 2010. JUDGMENT A very disturbing circumstance came to the notice of this court, which compels this Court to invoke its supervisory jurisdiction as a remedial measure under Article 227 of the Constitution of India. 2. Former Additional District Judge-I, Mavelikkara, who had been transferred to another station, when he left the station at Mavelikkara, seems to have taken case records of 83 cases with him. In all these 83 cases, the records indicated that the cases had been disposed of. When copy applications were filed, it was found that the records were not available with the court and it was revealed that the officer has taken the case records along with him. After much efforts, the case records were received back. Then it was found that out of the 83 cases, only three cases contained WPC.22691/2010. 2 judgments and the other cases did not have the judgments. It was under these circumstances that this Court was compelled to take suo motu action and register the present writ petition. 3. Since there are no written judgments in 80 cases, the disposal of those cases shown in various documents cannot be treated as in accordance with law. The decisions are non-est. The only available alternative is to restore those proceedings on file and dispose of them afresh in accordance with law. 4. Therefore, the decisions said to have been entered and shown in various registers relating to 80 cases out of the 83 cases, a list of which is appended to this order, are set aside and the following directions are issued: 1) The decisions in the 80 cases, in which there are no judgments drawn up, will be treated as non-est. WPC.22691/2010. 3 2) The present incumbent in the office of Additional District Judge-I, Mavelikkara shall restore those cases to file after issuing notice either to the counsel or to the parties, as the case may be. 3) On restoration, those cases shall be disposed of afresh in accordance with law. 4) Consequently, corresponding entries in various registers and entries, if any, in the respective order sheet will be treated as non-est and reversed so as to indicate that those cases are pending disposal. 5) Any follow up action, that may be necessary in any of those cases, shall be taken by the present incumbent in office of the Additional District Judge-I, Mavelikkara. WPC.22691/2010. 4 6) Copy applications, if any, in respect of those cases, which have not been disposed of for want of judgments, shall be rejected saying that the case has not been disposed of. This Writ Petition is disposed of as above. Judgment shall be communicated forthwith. P. BHAVADASAN, JUDGE sb.