IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 17709 of 2009(R) -------------------------- OP.627/2008 of FAMILY COURT,KOLLAM .................... PETITIONER: --------------- SREEDHARAN NAIR S/O.NARAYANAN NAIR AGED 78 YEARS PUTHEN VEEDU, KARUNAGAPPALLY KOLLAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. BEENA KUMARI, AGED 42 YEARS, D/O. SANKARI AMMA, PUTHEN VEEDU, AYANIVELIKULANGARA VILLAGE, KOLLAM. 2. SREEKUMAR, S/O. SREEDHARAN NAIR, KAILASH, KARUNAGAPPALLY, KOLLAM. 3. ANIL KUMAR, S/O. SREEDHARAN NAIR, KAILASH, KARUNAGAPPALLY, KOLLAM. 4. KAMALAKSHY AMMA, W/O.SREEDHARAN NAIR, KAILSH, KARUNAGAPPALLY, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. * * * * * * * * * * * * * W.P.(C).No.17709 of 2009 ---------------------------------------- Dated this the 6th day of July 2009 J U D G M E N T BASANT,J The short grievance of the petitioner is that in spite of order in Tr.P.C.No.181/08 wherein a direction for expeditious disposal was issued, O.P.No.627/08 is not being disposed of by the Family Court, Kollam. It is prayed that appropriate directions may be issued for expeditious disposal of the case. 2. The remarks of the learned Judge of the Family Court was called for. The learned Judge has reported that ten months further time is required for the disposal of the said petition which, according to the learned Judge, deserves to be disposed of along with O.P.No.930/08. The learned Judge prays for ten months time for disposal of the said two original petitions in the light of the fact that several old cases are pending. 3. We take note of the submission of the learned counsel for the petitioner that the petitioner is aged 78 years and it is necessary that he is not left to languish in the queue. His case deserves to be taken up out of turn, submits the learned counsel for the petitioner. W.P.C No.17709/09 2 4. We find merit in the petition. In the peculiar facts and circumstances of this case, we are satisfied that the Family Court, Kollam can be directed to dispose of both O.P.Nos.627/08 and 930/08 within a period of four months from the date on which a copy of this judgment is placed before the learned Judge. 5. Hand over copy of this judgment to the learned counsel for the petitioner for production forthwith before the learned Judge. Compliance shall be reported by the learned Judge to this court. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr // True Copy// PA to Judge W.P.C No.17709/09 3 Dated this the 25th day of June 2009 O R D E R BASANT,J The short grievance of the petitioner is that O.P.No.627/08 pending before the Family Court, Kollam which is directed to be tried along with a connected O.P transferred to that court of the Family Court, Alappuzha has not been disposed of expeditiously notwithstanding the specific directions issued in the transfer petition - order dated 7/8/2008 in Tr.P.(C) No.181/08. The petitioner, it is submitted, had moved the Family Court by a petition dated 17/6/2009 for such expeditious disposal; but in spite of that, the matter has not been disposed of, nor has any order been passed on Ext.P4 application. 2. We find the prayer of the petitioner to be legitimate. Call for a report from the learned Judge of the Family Court, Kollam. Why is O.P.No.627/08 not taken up for disposal? What time will be required by the court to dispose of that case along with the connected case as already directed? The report of the Family Court shall furnish to us all the above details. We need only opine that we expect the Family Court to dispose of the two W.P.C No.17709/09 4 O.Ps as expeditiously as possible. Await report of the Family Court. Call on 06/07/2009. W.P.C No.17709/09 5 R.BASANT & M.C.HARIRANI, JJ. .No. of 200 ORDER/JUDGMENT 18/06/2009