IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 32832 of 2011(R) ------------------------------------- PETITIONER : - ----------------------- ANILKUMAR, S/O.NATARAJAN, AGED 48 YEARS, KALLUVILA, KURAKKANI DESOM, VARKKALA-695 141. BY ADVS. SRI.V.JAYAPRADEEP SRI. RISANI V.V. SRI. SANEESH KUNJUKUNJU RESPONDENTS : - -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DPT. OF HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE REGISTRAR (SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM-682 031. 3. THE STATE POLICE CHIEF, HQ, VELLAYAMBALAM, THIRUVANANTHAPURAM. 4. THE SUB-REGISTRAR, WARKALA-695 141. 5. THE VILLAGE OFFICER, VARKKALA-695141. 6. NATARAJAN, AGED 78 YEARS, S/O.GOVINDAN, KALLUVILA VEED, KURAKKANI DESOM, VARKKALA-695141. 7. SHENIL, AGED 47 YEARS, S/O.NATARAJAN, KALLUVILA VEED, KURAKKANI DESOM, VARKKALA-695141. BY PUBLIC PROSECUTOR SMT. JASMINE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32832 of 2011(R) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE SETTLEMENT DEED DATED 07.09.2001 IN FAVOUR OF R7. EXT P2 : COPY OF THE TAX RECEIPTS OF R7 DATED 25.04.2006. EXT P3 : COPY OF THE SALE DEED DATED 06.10.2007 IN FAVOUR OF PETITIONER. EXT P4 : COPIES OF TAX RECEIPT OF THE PETITIONER. EXT P5 : COPY OF JUDGMENT IN OS. 2/11 DATED 12.04.11 OF MUNSIFF COURT VARKALA. EXT P6 : COPY OF RELEVANT PORTION OF THE PASSPORT OF MEENAKSHI. EXT P7 : COPY OF THE SUMMONS RETURNED BY THE PROCESS SERVER OF THE MUNSIFF COURT VARKALA IN OS 2/11. EXT P8 : COPY OF THE ORDER DATED 27.10.2011 IN IA 1607/11 IN OS 360/11 OF THE MUNSIFF COURT, VARKALA. EXT P9 : COPIES OF THE PETITIONS TO VARIOUS AUTHORITIES. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- N.K.BALAKRISHNAN, J. -------------------------------- W.P.(C). No.32832 of 2011 ------------------------------------- Dated this the 23rd day of December 2011 J U D G M E N T Petitioner is the 2nd defendant in O.S.No.2/2011. The suit was filed by the plaintiff, who is the father of the petitioner herein for cancellation of settlement deed No.3589/01 (Ext.P1) and the subsequent sale deeds executed by the 2nd defendant based on Ext.P1 settlement deed. 2. The grievance of the petitioner is that summons issued from the court was not served on him or on the 3rd defendant, Meenakshi. But the Process Server of the Munsiff Court, Varkala, under the influence of or with the connivance of the plaintiff in the suit got an endorsement on the summons to the effect that the summons was actually served on the petitioner and the 3rd defendant mentioned above. The petitioner asserts that the summons/notice was not served on him. According to the petitioner, the 3rd defendant Meenakshi was/is in U.K. and therefore, it was not possible to W.P.(C). No.32832 of 2011 -: 2 :- serve the summons on the 3rd defendant. But the endorsement made on Ext.P7 summons/notice issued by the court is to the effect that summons on defendants 1 to 3 were personally served on the respective defendants. Therefore, according to the petitioner, the Process Server of the Munsiff Court, Varkala played fraud on the court and hence enquiry has to be conducted in the matter. Considering the allegations it is ordered as under :- The Registrar (Subordinate Judiciary) will go through the allegations made by the petitioner in this writ petition and do the needful. If enquiry by the Registrar (Vigilance) is required, the matter may be placed before the Hon'ble Chief Justice for appropriate orders. This writ petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt