IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 OP(C).No. 2305 of 2011(O) ------------------------- OS.155/1992 of MUNSIFF COURT, VADAKARA .................... PETITIONER (S): -------------------- V.RAMADASAN, RECEIVER IN O.S 155 OF 1992 MUNSIFF COURT AT VATAKARA. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENT(S): --------------- 1. K.KUNHIKRISHNAN NAIR,S/O.ACHUTHAN NAIR AGED 75 YEARS, PENSIONER, RESIDING AT CHERUPRATH THAZHE KUNIYIL VATAKARA AMSOM DESOM, VATAKARA 673 101. 2. EDODIYIL LAKSHMIKUTTY AMMA, D/O.RAMUNNI NAIR, AGED 84 YEARS, HOUSEWIFE RESIDING AT KAYAPRABHA, NEAR VATAKARA HEAD POST OFFICE,VATAKARA AMSOM DESOM,VATAKARA 673 101. 3. EDODIYIL JAYANTHI GOPALAKRISHNAN D/O.RAMUNNI NAIR, AGED 46 YEARS, HOUSEWIFE RESIDING AT E.G.HOUSE, NEAR VATAKARA HEAD POST OFFICE,VATAKARA AMSOM DESOM,VATAKARA 673 101. 4. E.KUNHIKRISHNAN NAIR, KRISHNA NIVAS, VATAKARA BY POWER OF ATTORNEY HOLDER E.CHANDRASEKHARAN, KRISHNAVILASAM RAILWAY STATION ROAD, POST VATAKARA 673 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2305/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER BY SUBORDINATE JUDGE, VATAKARA DATED 2ND APRIL 2011 EXT.P2 TRUE COPY OF THE ORDER BY MUNSIFF, VATAKARA DATED 11TH APRIL 2011 EXT.P3 TRUE COPY OF THE ORDER BY HIGH COURT OF KERALA IN CRP 950/1995 DATED 7TH AUGUST 1995 EXT.P4 TRUE COPY OF ORDER BY HIGH COURT OF KERALA IN OP(C) 1021/2011 (O) DATED 14.3.2011 EXT.P5 TRUE COPY OF NOTIFICATION BY THE GOVERNMENT OF KERALA DATED 26.2.2011 EXT.P6 TRUE COPY OF MEMORANDUM BY PETITIONER TO ENHANCE HIS REMUNERATION //TRUE COPY// P.A. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2305 of 2011 -------------------------------------- Dated this the 19th day of July, 2011. JUDGMENT By Ext.P3, order dated August 7, 1995 in C.R.P.No.950 of 1995 arising from orders on I.A.No.725 and 726 of 1994 in O.S.No.155 of 1992 of the court of learned Munsiff, Vadakara one V.P.Ramachandran was appointed as receiver and this Court directed learned Munsiff to fix the remuneration payable to him. The said V.P.Ramachandran relinquished office. Later, as directed by this Court in Ext.P4, judgment dated March 14, 2011 in O.P.(C) No.1021 of 2011 learned Sub Judge, Vadakara appointed petitioner as receiver vide Exts.P1 and P2. Petitioner has filed Ext.P6, memo to re-fix his remuneration since the remuneration fixed is `500/- per month. He also prayed that remuneration may be fixed for one Anilkumar who assisted him in the discharge of his duties as receiver. The prayer in this petition is to direct learned Munsiff or learned Sub Judge, Vadakara to consider request for enhancing and fixing remuneration for the petitioner and the said Anilkumar. Learned counsel submitted that since remuneration fixed for the receiver is only `500/- per month it requires enhancement. OP(C) No.2305/2011 2 2. The question of enhancement of remuneration of petitioner or fixing remuneration for Anilkumar who is said to have assisted petitioner in discharging duties as receiver has to be decided by the learned Munsiff, Vadakara. Resultantly this petition is disposed of directing learned Munsiff, Vadakara to consider Ext.P6, memo and pass appropriate orders thereon as provided under law. THOMAS P.JOSEPH, Judge. cks