IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 OP(C).No. 299 of 2010(O) ------------------------ OS.200/2005 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONER(S): -------------------- S.JAYAKUMAR, SECRETARY, PUNALUR MUNCIPALITY, PUNALUR, KOLLAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. SUJAVUDEEN, SUJA MANZIL, RAVAM, MARAKKAN VEETTIL, GURUVAYOOR P.O., GURUVAYOOR 680 101 2. JOSE THOMAS PATTARA, EDITOR, PRINTOR, PUBLISHER AND MANAGING DIRECTOR, RASHTRA DEEPIKA, PALARIVATTOM P.O., KOCHI 682 025. 3. FATHER JOSE PANTHAPLANTHOPPIYIL, CHIEF EDITOR, RASHTRA DEEPIKA, PALARIVATTOM P.O., KOCHI 682025. 4. RASHTRA DEEPIKA, REP. BY ITS MANAGING DIRECTOR, COLLEGE ROAD, KOTTAYAM P.O. - 686 001. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P(C) No.299 of 2010 -------------------------------------- Dated this the 12th day of October, 2010. JUDGMENT To appear as a witness in the court of learned Munsiff, Chavakkad on 29.09.2010 petitioner who is working as Secretary of Punalur Municipality was served with summons allegedly on 28.09.2010 at about 4.45 p.m. He could not appear in court on 29.09.2010 as stated in the summons. Learned Munsiff has passed Ext.P2, order directing petitioner to appear on 13.10.2010 for facing consequence. Learned counsel states that in connection with election to the local bodies petitioner had to deal with about 120 petitions on 29.09.2010 and is engaged with the conduct of election, he being the Secretary practically in charge of entire affairs of the election in Punalur Municipality. It is also stated that on account of heavy rain fall he has to attend relief operations and has to contact higher authorities in the District as to the relief operations being carried out. There are 35 wards in Punalur Municipality and petitioner has to oversee the law and order situation also arising from the election process. Election is to be held on 25.10.2010 and petitioner has to be in charge until the elected council assumes charge. Hence petitioner may be permitted to appear in court after 10.11.2010. 2. Normally this is a matter where petitioner ought to have requested learned Munsiff for grant of time for the reasons stated and there was OP(C) No.299/2010 2 no reason why this Court should have interfered in the matter. However since it is pointed out that petitioner is heavily engaged with election work and relief operations and it may take some time to get relieved from those works I am inclined to direct that examination of the witness shall be held on a day after 10.11.2010. In the circumstances learned Munsiff, Chavakkad is directed to postpone examination of petitioner to a day after 10.11.2010 and issue summons to the petitioner regarding the date of posting. Petition is closed with the above direction. THOMAS P.JOSEPH, Judge. cks