IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 WP(C).No. 18085 of 2010(Q) --------------------------------------- [MC.NO.70/2009 OF JUDL.M.F.C.-I,ERNAKULAM] .................... PETITIONER: ------------------- RASHMI PILLAI, AGED 36 YEARS, D/O.GOPINATHAN PILLAI, SREE GEETHANJALI, ST.MARTIN ROAD, PALARIVATTOM, COCHIN-25, ALSO HAVING RESIDENCE AT KALPAKAM, PADA SOUTH, KARUNAGAPPALLY, KOLLAM. BY ADVS. SRI.M.BALAGOVINDAN, SMT.MINI GANGADHARAN. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, OFFICE OF THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. 2. V.SUNIL, ADVOCATE, KUNNATH HOUSE, VADAKUMTHALA EAST P.O., KARUNAGAPPALLY. 3. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, TRIVANDRUM. R1 & R3 BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No.18085 OF 2010 =========================== Dated this the 23rd day of September,2010 JUDGMENT This petition is filed under Article 226 and 227 of the Constitution of India for a writ of mandamus directing respondents 1 to 3 to give effect to Ext.P6 order and for a further direction to Judicial First Class Magistrate-I, to pass orders in Ext.P7 within a time limit. By Ext.P6 order dated 30.1.2010 passed under section 23 of Protection of Women from Domestic Violence Act, in a petition filed by the petitioner, respondents in M.C.70/2009 were directed to handover Car KL-02/L-777 to the petitioner within seven days from the date of that order. Ext.P7 petition was filed before the learned Magistrate under section 32(1) and (2) of the Protection of Women from Domestic Violence Act, contending that respondents W.P.(C)18085/2010 2 committed breach of Ext.P6 interim protection order. 2. A report was called for from Judicial First Class magistrate why Ext.P6 order has not been enforced. A report was received from Judicial First Class Magistrate to the effect that after Ext.P6 order, the case was posted on 27.2.2010 on which day petitioner filed Ext.P7 application and the case was posted to 4.3.2010. As both petitioner and respondents were absent, it was adjourned to 9.3.2010 and thereafter to 11.3.2010 and then posted to 25.3.2010. Meanwhile entire records were called for by Sessions Court in Crl.A.94/2010, which is an appeal filed against Ext.P6 order. It is reported that as the records are not there, Ext.P6 order could not be enforced. 3. Learned counsel appearing for the petitioner submitted that Crl.A.94/2010 was subsequently dismissed on 15.9.2010 and the records were sent back to the learned Magistrate. In such circumstances, Writ Petition is disposed directing W.P.(C)18085/2010 3 Judicial First Class Magistrate-I, Ernakulam to dispose of Ext.P7 application expeditiously, at any rate, within one month from the date of receipt of a copy of this order or the records from the Sessions Court, whichever event occurs later. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006