IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 MFA.(G & W).No. 24 of 2008() -------------------- GOP.112/2007 of VI ADDL.DISTRICT COURT, ERNAKULAM .................... APPELLANT/PETITIONER: --------------------- THOMAS, S/O.MATHAI, AGED 49 YEARS NIRAPPEL HOUSE, PAIKULAM KARA, OLIAPURAM P.O. KOOTHATTUKULAM VILLAGE, MUVATTUPZHATALUK, 686679. BY ADV. SRI.GEORGE SIMON RESPONDENT: ------------- NIL BY THIS MISC. FIRST APPEAL HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & A.K.BASHEER, JJ. ------------------------------- M.F.A.(G & W).NO.24 OF 2008 (C) ----------------------------------- Dated this the 17th day of March, 2008 J U D G M E N T KOSHY,J. Petitioner filed an application for appointing him as the guardian of a minor son and he wants to sell his property for looking after the minor. Petitioner is doing business. According to him, improvement of the business is necessary. Then only minor child can be looked further well. He purchased the property in the name of the minor and now he wants to sell the property. Ext.A2 sale deed shows that property was purchased in the name of the minor. But according to him, it was purchased by him with his own income and now he needs money. He undertakes that he will look after the child. But it is the duty of the court to see that minor's interest is well protected. It is now submitted that child's mother is alive and even though her name was not mentioned along with the names of the relatives. He also failed to adduce evidence to M.F.A.(G & W).24/08 2 show how he will protect the interest of the minor, regarding the market value of the property etc. He also did not produce a certificate from the Village Officer showing names of all near relatives of the child. This is also more necessary as even the name of the mother of the minor was not mentioned in the list of relatives. In the above circumstances, we dismiss the appeal without prejudice to the rights of the petitioner to file a joint application along with mother of the minor. If such an application is filed, the District Court shall consider the same untrammeled by any of the findings or observations in the impugned order. Appeal is dismissed accordingly without prejudice to file fresh petition. J.B.KOSHY, JUDGE A.K.BASHEER, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 21st February, 2008