IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 21716 of 2009(R) -------------------------- OP.1413/2007 of FAMILY COURT,THRISSUR .................... PETITIONER: --------------- K.K.SIDHARTHAN,PROPRIETOR, HOTEL SIDHARTHA REGENCY,KOKKALAI,TRICHUR-21, PRESENTLY RESIDING AT P.B.NO.13951,DUBAI,U.A.E. BY ADV. SRI.RAJIT RESPONDENT: RESPONDENT ------------------------- SINDHU,D/O.PONNAPPAN,4-H,CHELUR TOWERS, POOTHOL DESOM,THRISSUR TALUK AND DISTRICT. ADV. SRI.MATHEW JOHN (K) FOR R1 SRI.AJEESH K.SASI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX: PETITIONER'S EXTS: EXT.P1: TRUE COPY OF JUDGMENT DATED 23-9-2008 OF THIS COURT IN W.P.C. 9325/2008. EXT.P2: TRUE COPY OF ADVOCATE COMMISISONERS REPORT IN WPC.NO. 9325/2008. EXT.P3: TRUE COPY OF ORDER DATED 4-3-09 IN I.A.NO.409/099 IN OP 1413/07 OF THE FAMILY COURT. EXT.P4: TRUE COPY OF JUDGMENT OF THIS COURT DATED 8-4-09 IN W.P.C. 11227//2009. EXT.P5: TRUE COPY OF I.A.NO.1882/09 IN O.P.NO. 1413/07 FILED BY THE RESPONDENT. EXT.P6: TRUE COPY OF I.A.NO.2186/09 IN OP 1413/07 OF THE FMAILY COURT, THRISSUR. EXT.P7: TRUE COPY OF APPLICATION I.A.NO.2187/09 IN OP 1413/07 OF THE FAMILY COURT, THRISSUR. EXT.P8: TRUE COPY FO NOTICE DATED 9-1-09 ISSUED BY THE EMPLOYES STATE INSURANCE CORPORATION TO THE PETITIONER. EXT.P9: TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE FAMILY CCOURT IN I.A.NO. 3246/09 IN OP 1413/2007 OF THE FAMILY COURT THRISSUR. EXT.P10: TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONER AS DIRECTED BY THE FAMILY COURT THRISSUR. EXT.P11: TRUE COPY OF THE MEMORANDUM SUBMSITTED BY THE RESPONDENT BEFORE THE FAMILY COURT, THRISSUR. EXT.P12: TRUE COPY OF THE OBJECTION FILED BY THE RESPNODENT TO EXTS.P6 & P7 APPLICATIONS. EXT.P13: TRUE COPY OF THE PROCEDINGS BEFORE THE JFCM COURT THRISSUR IN S.T.NO. 3405/08 AS AGAINST THE PETITIONER AND OTHER ACCUSED. EXT.PP14: TRUE COPY OF THE NOTICE DATED 15-5-09 ISSUED BY THE EXDCISE INSPECTOR THRISSUR RANGE. EXT.P15: TRUE COPY OFF PENALTY NOTICE DATED 1-7-09 ISSUED BY THE COMMERCIAL TAX OFFICER, THRISSUR TO THE PETITIONER. EXT.P16: TRUE COPY OF NOTICE DATED 7-7-09 ISSUED BY THE COMMERCIAL TAX OFFICER THRISSUR TO THE PETITONER. EXT.P17: TRUE COPY OF THE N OTICE ISSUED BY THE ASSISTANT LABOUR OFFICER TO THE PETITIONER. EXT.P18: TRUE COPY O ORDER DATED 8-7-09 IN IA NO 1882/09 IN OP 1413/07 OF THE FAMILY COURT, THRISSUR. EXT.P19: TRUE COPY OF THE ADVERTISEMENT IN THE MATHRUBHOOMI DAILY OF 28-4-09. RESPONDENTS' EXTS: EXT.R1(A): THE RELEVANT PORTIONS OF THE DIARY NOTICES WRITTEN BY DECEASED DEEPA. EXT.R1(B) THE SUICIDE NOTE WRITTEN BY DECEASED DEEPA. KS. TRUE COPY P.S. TO JUDGE R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 21716 OF 2009 ============================ DATED THIS THE 17TH DAY OF AUGUST 2009 JUDGMENT Basant,J. The parties to this petition are parties to O.P.No.1413/2007 pending before the Family Court, Thrissur. Certain directions were issued by this Court as per Ext.P4 judgment dated 8-4-2009 in W.P.(C)No.11227/2009. There was a specific observation/ direction that O.P.No.1413/2007 must be disposed of as expeditiously as possible. 2. The learned counsel for the petitioner submits that the said direction is not being complied with. In the meantime, the petitioner had filed Exts.P6, P7, P9 and P10 applications, which have not been disposed of by now. He submits that the disposal of the said applications is absolutely necessary in the interests of proper running of the establishment for which receiver was appointed as per Ext.P4 judgment. WPC.21716/2009 -2- 3. Report of the Family Court was called for. The report of the Family Court does not indicate specifically the probable time within which O.P.No.1413/2007 can be disposed of. There are many other connected matters, it is pointed out. 4. We are, in these circumstances, satisfied that specific directions deserve to be issued. This writ petition is, in these circumstances, allowed and the following directions are issued: 1) The learned Judge of the Family Court shall ensure that Exts.P6, P7, P9 and P10 applications are taken up for consideration immediately by advancing them, if necessary. All those four petitions must be disposed of as expeditiously as possible, at any rate within a period of thirty days from this date. 2) Though specific time frame has not been fixed in Ext.P4 judgment, the Family Court shall ensure that O.P.No.1413/2007 is disposed of within a period of six months from this date. The pendency of other disputes between the parties shall not be reckoned as a valid reason for further protraction of O.P.No.1413/2007. WPC.21716/2009 -3- 3) Compliance shall be reported to this Court. 5. The learned counsel for the respondent submits that communications addressed to the establishment, Hotel Sidhartha Regency, are not being delivered to the respondent herein, the receiver and that there is avoidable confusion created by the non-service of such notices on the receiver, i.e. the respondent. The learned counsel for the petitioner undertakes that all communications addressed to Hotel Sidhartha Regency received by him or his power of attorney holder shall forthwith be delivered to the receiver. The receiver, needless to say, can approach the postal authorities to ensure that such communications are delivered to her. 6. Handover copy of this judgment to both counsel. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPC.21716/2009 -4-