IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 36524 of 2009(O) -------------------------- O.S.NO.324/08 OF THE MUNSIFF'S COURT, PUNALUR PETITIONER(S): --------------- RADHAMONY AMMA, AGED 50, W/O.BALACHANDRAN, TEACHER, RESIDING NOW AT HOUSE NO.202, S.E.T.NAGAR, PATTOM, THIRUVANANTHAPURAM, FROM PONAL VEEDU, THAZHATHU THERY, VADAKKEKKARA VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.T.K.VENUGOPALAN SRI.ROY THOMAS (PATHANAMTHITTA) RESPONDENT(S): --------------- P.V.SOMARAJAN PILLAI, AGED 57, S/O.VASUDEVA KURUP, AGRICULTURIST, RESIDING AT PONAL VEEDU, THAZHATHU VADAKKE THERY, VADAKKEKKARA VILLAGE, PATHANAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.36524 OF 2009 (O) ----------------------------------- Dated this the 14th day of January, 2010 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to issue a direction to the Munsiff's Court, Punalur to disposal O.S.No.324 of 2008 within a time frame fixed by this Honourable Court. 2. Petitioner is the plaintiff in O.S.No.324 of 2008 on the file of the Munsiff Court, Punalur. Suit is one for fixation of boundary, and the respondent is the defendant. Petitioner/plaintiff has complained of delay in disposing of the suit stating that the case had been posted on several occasions for framing of issues, but, it has not been settled so far. Petitioner in the writ petition has stated that the case was posted for casting issues on 26.6.2009, 4.8.2009, 15.9.2009, 3.11.2009 and 11.1.2010. A report was called for from the learned Munsiff as to the reason for the delay in framing issues. It is reported by the learned Musniff that as being WPC.36524/09 2 engaged in other old matters included in the target of disposal, the framing of the issues in the above case was delayed. It is further stated that the delay was not intentional and all earnest steps are taken to expedite the above matter. The report is seen signed by the learned Munsiff on 21.12.2009. At the time of hearing, the learned counsel for the petitioner submits that on the last hearing date, that is, on 11.1.2010, after sending of the report as well, the case has been adjourned for framing of issues on 20.3.2010. Despite the report being called for from the court seeking the explanation from the learned Munsiff for the reason of delay in casting of issues in the suit, a simple suit for fixation of boundary, and after sending a report, it is seen, the learned Munsiff has again adjourned the case for framing of issues, that too, to a posting date of two months later. I refrain from making any comments on the earnest steps, which was given expression to in the report by the learned Munsiff. However, I direct the learned Munsiff to prepone the posting of the case and settle the issues on the basis of the pleadings within two weeks from the date of receipt/production of a copy of this judgment and also to make every endeavour to see that the WPC.36524/09 3 pretrial steps are completed as expeditiously as possible. It is noticed that the officer concerned has not taken prompt steps for casting the issues in the suit despite alerted by this Court to do so, by calling a report seeking explanation for the delay. The District Judge, reviewing authority of the officer concerned, is directed to take note of the lack of diligence shown by the officer, and take such supervisory measures by giving proper instructions/directions to the officer for avoidance of such lapses in future. The reviewing authority shall also see to it while carrying out the monthly review of the work done by the officer that the direction given by this Court for casting of issues in the above suit and taking up effective steps for completion of the pretrial steps is complied by the officer. With the above observations, the writ petition is disposed. Send a copy of the judgment to the Munsiff Court, Punalur and also to the District Judge, Kollam forthwith. S.S.SATHEESACHANDRAN JUDGE prp