IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 31877 of 2009(R) -------------------------- MC.183/2005 of FAMILY COURT, NEDUMANGAD .................... PETITIONER(S): --------------- SHYLA BEEVI, D/O.ILLYAS, A.K.MANZIL, KARADINUKKU, BHARATHANOOR. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- ABDUL KALAM, S/O.ABDUL KHADER, PLAKKOTTU HOUSE, K.T.KUNNU P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & P.Q. BARKATH ALI, JJ. ------------------------------------------------------ W.P.(C) 31877 OF 2009 ------------------------------------------------------ Dated: JANUARY 5, 2010 JUDGMENT Joseph, J. The petitioner in this writ petition is the 1st petitioner in M.C. 183/2005 on the file of the Family Court, Nedumangad. Petitioners 2 and 3 in the M.C. are the minor children of the petitioner herein. The application is allowed vide Ext.P1 order granting Rs.750/- each per month as maintenance to the petitioner and the minor children. Since the amount is not paid, petitioner filed Ext.P2 CMP to execute Ext.P1 order. The court below has not taken any action on Ext.P2. Since the O.P. filed by the petitioner before the Family Court is pending, the further case of the petitioner is that even after a lapse of two years of filing of Ext.P2, no action is taken to dispose of Ext.P2. The prayer in the writ petition is for a direction to direct the Family Court, Nedumangad to dispose of CMP 111/2007 within a time limit. 2. We notice that this court has passed an order dated 10th December, 2009 calling for a report. Accordingly a report dated 23.11.2009 was forwarded by the Judge inter alia indicating that the averment in the writ petition that no amount was paid on CMP 111/2007 is not correct. It is pointed out that a total of Rs.7500/- was paid. Thereafter there is reference to certain other petitions and WP(C) 31877/09 2 direction of this court. It is further stated that D/W has been ordered in CMP 111/09 and posted to 30.11.2009. Subsequently another report dated 1.1.2010 has been filed wherein it is stated as follows:- “With reference to the above I may submit that D/W issued against the C.P. through the S.I. of Police, Pangode Police Station returned with the certificate obtained from the Village Officer, Pangode, stating that the C.P./Abdul Kalam has 5.250 cents in Sy.No.2612/5 and 12/750 cents in Sy.No.2749/1-2 of Pangode Village. So, I have directed the petitioner/wife to take steps for attachment and sale of the property under Section. 421(b) Cr.P.C. The case is posted to 20.1.2010.” In the light of the above report, we feel that the writ petition can be disposed of directing the Family Court to take effective steps at the earliest for which the petitioner must also do the needful so that the petitioner is able to enjoy the fruits of the order passed in the M.C. The writ petition is disposed of as above. K.M.JOSEPH, JUDGE P.Q. BARKATH ALI, JUDGE mt/- WP(C) 31877/09 3