IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 MFA.No. 600 of 2003(F) -------------------------------- OP.150/2002 of ADDL. DISTRICT COURT-II, KOZHIKODE .................... APPELLANT: 2ND RESPONDENT ------------------ U.K.RAMANKUTTY VYDIAR (FATHER OF LATE RAJENDRAN) PREMRAJ NIVAS, ODUMBAMKANDI HOUSE, P.O.IRIVALLOOR, CHELLANNUR, KOZHIKODE-673 616. BY ADV. SRI.M.RAJAGOPALAN SRI.RAJIT RESPONDENTS: PETITIONER & RESPONDENTS 1,3 TO 5 ------------------------- 1. T.PRABHAKARAN VYDIAR, AGED 69 YEARS, S/O. LATE VELAYUDHAN VYDIAR, FATHER OF LATE KOMALAVALLI "SREENILAYAM', POST AYIKKARAPPADI (VIA) PULIKKAL, MALAPPURAM DISTRICT. 2. SMT.SOUDHAMINI,W/O. RAMANKUTTY VYDIAR PREMRAJ NIVAS, ODUMBAMKANDI HOUSE, P.O.IRIVALLOOR (VIA) CHELAMUR, IRIVALLOOR AMSOM, KOZHIKODE TALUK. 3. T.SREEMATHI W/O. PRABHAKARAN, SREENILAYAM, P.O.AYIKKARAPPADI (VIA) PULIKKAL, CHERUKAVU AMSOM MALAPPURAM DISTRICT. 4. T.MURALI S/O. PRABHAKARAN VYDIAR SREENILAYAM, P.O.AYIKKARAPPADI (VIA) PULIKKAL, CHERUKAVU AMSOM, MALAPPURAM DISTRICT. 5. T.JAYARAJ, S/O. PRABHAKARAN VYDIAR, SREENILAYAM P.O.AYIKKARAPPADI (VIA) PULIKKAL, CHERUKAVU AMSOM, MALAPPURAM DISTRICT. BY ADV. SRI.AVM.SALAHUDIN FOR R1 SMT.SMITHA.V. FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- M.F.A.NO.600 OF 2003 (F) & CROSS APPEAL NO.55 OF 2003 ----------------------------------- Dated this the 30th day of July, 2008 J U D G M E N T KOSHY,J. By the impugned judgment, maternal grand father (Petitioner before the District Judge and appellant in the cross appeal) was appointed as guardian of the minors and amounts due to the minors. It is also stated that the amounts due to the minors should be deposited in Fixed Deposit till they attain majority and the cross appellant will be entitled to draw interest thereon for meeting the day-to-day expenses of the minors. Paternal grand father was appointed as guardian of the properties of the minors mentioned in 'A' and 'B' schedule. There were two minors involved, whose father and mother died. The elder one Jithesh has now become major. So there is no question of appointing a guardian in his case. Younger Jubin Raj now has become 17. Within one year, he will also M.F.A.NO.600 OF 2003 (F) & CROSS APPEAL NO.55 OF 2003 2 become major and there is no necessity for change of a guardian at present. In the above circumstances, we are of the opinion that no further orders are necessary. Appeal and cross appeal are dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO.600 OF 2003 (F) & CROSS APPEAL NO.55 OF 2003 --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 30th July, 2008