IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36592 of 2008(F) -------------------------- AGAINST THE ORDER DATED 28/11/2008 IN EP.57/2008 IN OS.170/1990 of MUNSIFF COURT, PAYYANNUR .................... PETITIONER: --------------- MAYIPPALLI PAYYATTAKKATH RAGHAVAN, S/O. LAKSHMI AMMA, AGED 52 YEARS, ALAPPADAMBA AMSOM, VATAVANTHOOR DESOM, MATHIL P.O. KANNUR DISTRICT. BY ADV. SRI.P.R.SREEJITH RESPONDENT(S): --------------- 1. CHEMMENCHERY PUTHIYA VEETTIL JANAKI, D/O.PARVATHY AMMA, AGED 64 YEARS, AGRICULTURE. 2. CHEMMENCHERY PUTHIYA VEETTIL KUNJIRAMAN, S/O.PARVATHY AMMA, AGED 64 YEARS,PENSIONER. 3. CHEMMENCHERY PUTHIYA VEETTIL KARTHIAYANI D/O.PARVATHY AMMA, AGED 64 YEARS,AGRICULTURE 4. CHEMMENCHERY PUTHIYA VEETTIL RAGHAVAN, S/O.PARVATHY AMMA, AGED 64 YEARS, AGRICULTURE. 5. CHEMMENCHERY PUTHIYA VEETTIL KRISHNAN S/O.PARVATHY AMMA, AGED 64 YEARS,TEACHER 6. CHEMENCHERY PUTHIYA VEETTIL DAKSHAYANI, D/O.PARVATHY AMMA, AGED 64 YEAS, AGRICULTURE. 7. CHEMMENCHERY PUTHIYA VEETTIL SOULOCHANA, D/O.PARVATHY AMMA, AGED 64 YEARS, AGRICULTURE ALL RESIDING AT CHEMMENCHERY PUTHIYA, VEETTIL,' ALAPPADAMBA AMSOM, VATAVANTHOOR DESOM, MATHIL P.O. KANNUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 36592 OF 2008-F ------------------------------- Dated this the 12th December, 2008. JUDGMENT When the matter came up for admission yesterday it was noticed that the writ petition was filed when delivery stood posted to yesterday as per Ext.P3 order dated 28.11.2008 passed by the court below and the petitioner approached this Court only yesterday despite copy of Ext.P3 order having been received on 29.11.2008. This Court directed the Registry to ascertain from the court below as to whether delivery is effected yesterday. The Registry has ascertained from the court below that delivery is effected yesterday viz., 11.12.2008. Hence there is nothing for this Court to interfere invoking the jurisdiction of this Court under Art.227 or 226 of the Constitution of India. This writ petition is hence dismissed. K.P.BALACHANDRAN JUDGE jj