IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No.16050 of 2008(I) ------------------------------- POP.11/2007 of PRINCIPAL SUB COURT, NORTH PARAVUR .................... PETITIONER(S): ------------------ K.K.VELAYUDHAN, AGED 62 YEARS, S/O.KUNJAPPAN, KERACHAL HOUSE, MUNAMBAM KARA, PALLIPPURAM VILLAGE, KOCHI TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT(S): ------------------- K.S.SASIDHARAN, AGED 42 YEARS, S/O.SUBRAMANIAN, KALAKKASSERY HOUSE, PALIATHURUTHKARA, MOOTHAKUNNAM VILLLAGE. ADV. SRI.P.L.DEVADAS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. --------------------------------------------------------------- W. P. C No.16050 of 2008 --------------------------------------------------------------- Dated this the 27th day of January, 2010 JUDGMENT No representation on either sides. But since it is the supervisory jurisdiction of this Court under Article 227 which is invoked by the petitioner, I am inclined to examine the merits of the grounds raised. 2. Under challenge is Ext.P19 order passed by the Sub Court, North Paravur issuing a warrant for arrest of the petitioner before judgment and directing him furnish cause as to why he should not furnish security for his appearance. It is also stated in the impugned order that the petitioner will not be arrested if he pays the plaint claim of Rs.57,465/-. The learned Sub Judge passed Ext.P19 on noticing that the petitioner did not comply with an earlier order W. P. C No.16050 of 2008 -2- dt.25/02/08 and that the petitioner was absent and also that there was no proper representation for the petitioner. I am unable to blame the learned Sub Judge for having passed the impugned order under the above circumstances. At the same time, I am of the view that the impugned order can be modified by adding one more rider that if the petitioner furnishes security for his appearance within a period of one month from today he who appears to be a senior citizen will not be arrested and brought before the court. Accordingly, the Writ Petition is disposed of directing that the order of stay passed by this Court under Ext.P19 will continue for five more weeks and directing the petitioner to furnish security to the satisfaction of the learned Subordinate Judge for the prompt and regular appearance of the petitioner W. P. C No.16050 of 2008 -3- before the court on all necessary posting dates of the suit. Such security will be furnished within four weeks from today. If security for appearance is furnished to the satisfaction of the learned Subordinate Judge the order of stay will become absolute. If security is not furnished within the above time limit the impugned order will continue to operate. PIUS C. KURIAKOSE JUDGE kns/-