IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 7TH APRIL 2010 / 17TH CHAITHRA 1932 WP(C).No. 12295 of 2010(O) --------------------------------------- SOP.26/2009 of III ADDL.SUB COURT, ERNAKULAM .................... PETITIONER(S): PETITIONER IN SOP 26/2009 ------------------------- C.G.BHAVANI D/O KAMALAKSHI AMMA, AGED 63 YEARS, CHOPPILLIL HOUSE, CHERANELLOOR, KOCHI-34. BY ADVS.MR.C.S.AJITH PRAKASH MR.T.D.SALIM RESPONDENT(S): PETITIONER IN IA 2738/10 IN SOP 26/2009 --------------------------- T.N.SURESH S/O LATE K.NATARAJA MENON, NO.3,1ST STREET, TVS AVENUE, AKKARAI, CHENNAI-600 041. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J --------------------------- W.P.(C).No.12295 OF 2010 ----------------------------------- Dated this the 7th day of April, 2010 J U D G M E N T In this writ petition, the petitioner seeks the following reliefs: 1. To issue a direction or mandamus to the learned sub judge to issue the certificate of succession to the petitioner as per the judgment dated 20.11.2009 before closing of the court for summer vacation. 2. To issue a direction to the Hon'ble Sub Court to consider the I.A.2738/2010 and pass orders before closing of the court for summer vacation. 2. It is seen that the petitioner had prayed for issuance of a certificate of succession from Sub Court, Ernakulam in S.O.P.26/09. All the procedural formalities have been completed and it is stated that O.P was allowed. The petitioner remitted the necessary amount as court fee. In the meanwhile, on 27.3.2010, the petitioner had received a copy of Ext.P9 application raising objection to the grating of succession certificate. Aggrieved by the same petitioner filed a counter affidavit. The court below has posted the W.P.(c) No.12295/10 2 case after summer vacation. 3. The learned counsel appearing for the petitioner pointed out that there were several proceedings in which right of the petitioner in I.A.2738/10 have been found in her favour. 4. It is pointed out that the petitioner is far advanced in age and she prays that she may be granted the succession certificate. 5. As long as the petition for revocation of the certificate is pending, it may not be possible for this Court to direct the court below to issue a certificate. However, considering the various averments in the petition it is felt that the grievance of the petitioner is genuine and early disposal of the petition is highly necessary. Therefore there will be a direction to the court below to take up the interlocutory application, I.A.2738/10 immediately after summer vacation and dispose it, as early as possible, at any rate within three months from the date of reopening of the court after summer vacation. The petitioner is entitled to do so in law can move vacation court. The writ petition is disposed of as above. P. BHAVADASAN, JUDGE. Sou.