IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 OP(C).No. 444 of 2011(O) --------------------------------- IA NO.96/2011 IN OS.485/2010 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER ------------------- P.I.DAMODARAN, AGED 60 YEARS, PALAKKAL IRINAVU VEEDU, PARAKKADAVU, KALLIASSERY AMSOM. BY ADVS. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH SRI.K.P.CHANDRASEKHAR RESPONDENT(S): ------------------------- 1. E.P.PADMANABHAN NAMBIAR, S/O. KELU NAMBIAR, AGED 66 YEARS, KALLIASSERY AMSOM, PIN-670 331. 2. A.RAJAN NAMBIAR, RETIRED TEACHER, AGED 60 YEARS, SECRETARY, KALLIASSERY NAIR LSHEMA SAMITHI, KRISHNA JYOTHI, KALLIASSERY AMSOM, PIN-670 331. ADVS. SRI.M.SASINDRAN FOR R1 SRI.G.SUKUMARA MENON FOR R2 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 444 of 2011(O) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF OS NO. 485/2010 EXT.P2 : COPY OF THE ABOVE COUNTER AFFIDAVIT OF THE PETITIONER AND 2ND RESPONDENT EXT.P3 : COPY OF THE ORDER DT. 19.01.2011 IN IA NO.96/2011 IN OS NO.485/2010 ON THE FILE OF THE MUNSIFF COURT, THALIPARAMBA RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE RELEVANT PAGES OF TH BYELAW EXT.R1(b) : COPY OF THE JOINT COUNTER FILED BY THE PETITIONER AND 2ND RESPONDENT EXT.R1(c) : COPY OF THE NOTICE DATED 14.11.2010 TRUE COPY PA TO JUDGE SMT K.T.SANKARAN, J. ------------------------------ O.P(C).No.444 OF 2011 ------------------------------ Dated this the 5 th day of April, 2011 JUDGMENT The second defendant in O.S.No.485 of 2010 on the file of the Court of the Munsiff of Taliparamba challenges the order dated 19 th January, 2011 in I.A.No.96 of 2011. I.A.No.96 of 2011 was filed by the plaintiff for issuing a direction to the defendants to produce certain documents. The respondents in I.A.No.96 of 2011, who are defendants 1 and 2, filed an objection in that application stating that the first defendant is not the present Secretary of Kalliassery Nair Kshemasamithi. On 9.1.2011 A.K.Venugopalan was elected as the Secretary. It was also stated in the counter that A.K.Venugopalan is the custodian of the documents which are sought to be produced. 2. The court below held that production of the documents are necessary for the effective disposal of the suit. However, the office bearers were O.P(C).No.444 OF 2011 2 changed and therefore, a direction was issued to the defendants to furnish the name and address of the proper custodian of the documents. 3. The learned counsel for the petitioner submitted that name of the present custodian of the documents is mentioned in the objection to I.A.No.96 of 2011 and therefore, the court below was not justified in issuing another direction to furnish the details. The relevant details are available in the objection itself. 4. I have perused the objection filed by the defendants in I.A.No.96 of 2011(Ext.P2 objection). It is specifically stated in the objection that A.K.Venugopalan was elected as the new Secretary and he is the custodian of the documents. Therefore, there was no necessity for the court below to issue any further direction to the defendants. Accordingly, the order in I.A.No.96 of 2011 is set aside to the extent to which it directs O.P(C).No.444 OF 2011 3 the defendants to furnish the name and address of the custodian of the documents. The Original Petition is allowed as indicated above. K.T.SANKARAN, JUDGE. cms