IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(C).No. 23850 of 2008(S) -------------------------- OP.677/2008 of FAMILY COURT,KOTTAYAM AT ETTUMANOOR OP 558/2007 OF FAMILY COURT, KOTTAYAM AT ETTUMANOOR .................... PETITIONER: ------------ K.C.LUKOSE, AGED 70 YEARS, S/O.CHANDY KANNARATHIL HOUSE, KAPIKAD, KALLARA, KOTTAYAM BY ADV. SRI.M.J.THOMAS RESPONDENTS: ------------- LAISA THOMAS, ACHIRATHALACKAL, MUTTUCHIRA, VAIKOM , KOTTAYAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ---------------------------------------------- W.P.(C) No.23850 of 2008 ---------------------------------------------- Dated 12th August, 2008. J U D G M E N T Kurian Joseph, J. The writ petition is filed mainly with the following prayer :- “Direct the Family Court, Kottayam at Ettumanoor to accept the power of attorney executed by Alex Lukose in favour of the petitioner without insisting production of affidavit of Alex Lukose who executed the power of attorney in Exts.P1 and P2 proceedings.” We find that Ext.P1 is an original petition filed by the respondent against the petitioner, his wife and son praying for a decree in the matter of return of money and gold ornaments. Ext.P2 is an original petition filed by the respondent, in which the son of the petitioner alone is made a party. The prayer in the said petition is for declaration of the respondent as guardian of the minor child and for consequential custody. It is submitted that though the petitioner produced power of attorney of his son, the same was returned directing the petitioner to produce an affidavit of his son. We do not find any reason for insisting production of an affidavit when the duly executed power of attorney is produced. Therefore, the writ petition is allowed in terms of the prayer WP(C) NO.23850/08 2 extracted above. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Family Court, Ettumanoor, and will serve a copy each on the respondent. KURIAN JOSEPH, JUDGE. HARUN-UL-RASHID, JUDGE. tgs KURIAN JOSEPH & HARUN-UL-RASHID, JJ ---------------------------------------------- W.P.(C) No.23850 of 2008 ---------------------------------------------- J U D G M E N T Dated 12th August, 2008.