IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 WP(C).No. 1886 of 2010(R) ------------------------- AGAINST THE ORDER IN OPGW.1069/2006 IN OPHMA.557/2006 of FAMILY COURT,TRIVANDRUM .................... PETITIONER(S): --------------- LEENA, D/O.VISWAMBHARAN, UTHRADAM, UG-119A, ULLOOR GARDENS, ULLOOR, THIRUVANANTHAPURAM., BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------- AJITH KUMAR, KARTHIKA, KURATTIKADU, MANNAR VILLAGE, CHENGANNUR TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1886 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2010 JUDGMENT Joseph, J. The prayers in the writ petition are : a) pass a decree declaring the petitioner as the guardian of Nakshatra @ Kalyani, aged about 4 years, and appoint him the guardian, on terms and conditions, I any, which the Hon'ble Court deems fit and proper . b) Grant such other relief which are deemed proper in the circumstances of the case.” 2. Heard the learned counsel for the petitioner. We got a report from the Family Court, Thiruvananthapuram. It is stated inter alia that an Advocate Commissioner was appointed to collect the evidence of the petitioner and respondent. Petitioner's evidence has been collected. Respondent has been examined as CPW1. It is further stated that further evidence is to take place on 23-01-2010. The court has further reported that the Commissioner can be directed to submit his report on closure of evidence within a week from 23-01-2010 and W.P.(C)No.1886/2010 2 the case can be disposed of within one month from the date of on which the Commissioner files his report. Under these circumstances, we dispose of the writ petition directing the Family Court, Thiruvananthapuram to take a final decision in O.P.(G&W)No.1096/2006 and O.P.(HMA)557/2006 within a period of two months from the date on which the Commissioner files his report. K.M.JOSEPH, JUDGE P.Q.BARKATH ALI, JUDGE sv. The prayers in the writ petition extracted in paragraph 1 of the judgment dated 21/10/2010 in WP(C)1886/2010 are corrected and substituted as “1. A writ of mandamus or other appropriate writ, order or W.P.(C)No.1886/2010 2 direction directing the Hon'ble Family Court, Thiruvananthapuram to finalise O.P.(G &W) No.1069/2006, which is tried along with O.P. (HMA)No.557/2006 at the earliest, within a time limit stipulated by this Hon'ble Court. 2. Any other further relief or order as this Hon'ble Court may deem fit and proper in the circumstances of the case. 3. Award the cost of these proceedings .” and case number “O.P.(G&W)No.1096/2006” occurring in the third line of the last paragraph is substituted as “O.P.(G & W) No.1069/2006”. Vide order dated 22/06/2010 in I.A.1498/2010. Sd/- Registrar ( Judicial) W.P.(C)No.1886/2010 2