IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 36073 of 2009(O) -------------------------- OP(ARB.) 763/2007 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... PETITIONER(S): --------------- SANTHOSH KUMAR.B., AGED 39 YEARS, S/O.BALAKRISHNAN, KRISHNALAYA, BOSE NAGAR, KOCHI. BY ADV. SRI.ASOK M.CHERIAN SRI.SANTHOSH G. PRABHU SRI.S.KANNAN SMT.S.RAKHEE RESPONDENT(S): --------------- 1. M/S.SUNDARAM FINANCE LIMITED, P.T.USHA ROAD, ERNAKULAM, C.V.BRANCH, REPRESENTED BY ITS BRANCH MANAGER. 2. T.A.JOSEPH, AGED 52 YEARS, S/O.ANTONY, THACHUTHARA HOUSE, KATHRIKADAVU, KALOOR, C.B.I.ROAD, ERNAKULAM, KERALA - 682 017. 3. GRACY JOSEPH, AGED 44 YEARS, D/O.ANTONY, THACHUTHARA HOUSE, KATHRIKADAVU, KALOOR, C.B.I.ROAD, ERNAKULAM, KERALA - 682 017. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.36073 OF 2009 -------------------------------- Dated this the 15th day of December 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the Hon'ble VI Additional District Court, Ernakulam to consider and pass orders on Ext.P1 within a time frame fixed by this Hon'ble Court or in the alternative direct the Principal District Court, Ernakulam to consider and pass orders on Ext.P1, after recalling Ext.P1 from Hon'ble VI Additional Court, Ernakulam, within a time frame fixed by this Hon'ble Court. ii) Issue such other order this Hon'ble Court deem fit and proper in the above matter. Iii) Order cost in this proceeding. 2. Petitioner is a third party in O.P (Arb.) No. 763 of 2007 on the file of the VI Additional District Court W.P.(C).No.36073 OF 2009 Page numbers (Wakf Tribunal) Ernakulam. The above O.P, it is stated was dismissed on 29/05/2008. In the proceedings, an order of attachment over an immovable property of the respondents 2 and 3 had been passed, and the petitioner who is stated to have purchased that property from the respondents after the disposal of the petition moved an application for lifting the attachment and intimating it to the Sub Registry Office, Ernakulam and Village Office, Elamkulam. Ext.P1 is the copy of that application. That application is being adjourned from time to time by the learned District Judge for the reason this court in disposing a transfer petition had expressed a view, transmitting petitions filed under Section 9 of the Arbitration Act to the Wakf Tribunal from the District Court is not proper. The writ petition has not been filed seeking issue of a writ/direction/order to the above court to consider and dispose of Ext.P1 application invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. W.P.(C).No.36073 OF 2009 Page numbers 2. I heard the learned counsel for the petitioner. The District Judge(Wakf Tribunal) is directed to consider and dispose of Ext.P1 application within a period of two weeks from the date of receipt/production of a copy of this judgment, in accordance with law. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv