IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 36816 of 2008(G) -------------------------------------------- OS./2008 of PRL.SUB COURT, TRIVANDRUM .................... PETITIONERS: 1. P.SANTHAMMA, 72 YEARS, D/O.PARUKUTTY AMMA, TC.27/876, “SANGEETHA”, ATHANI LANE, VANCHIYOOR PO., THIRUVANANTHAPURAM FROM TC.36/252(4), “HARIPRIYA”, THAKANAPARAMBU ROAD, TRIVANDRUM. 2. G.SURESH, S/O.GOPALAN NAIR TC.27/876, “SANGEETHA”, DO.DO. 3. S.ANITHA.T.C.,28/1619, PAZHAVANGADI, FORT PO., THIRUVANANTHAPURAM FROM TC.28/1544, VANCHIYOOR, TRIVANDRUM. 4. S.SUNITHA, TC.28/1619 PAZHAVANGADI, FORT PO., DO.DO. BY ADV. SRI.R.MANOJ RESPONDENTS: 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 3. THE SPECIAL TAHSILDAR, ADDITIONAL LA UNIT, VANCHIYOOR, TRIVANDRUM. BY GOVT. PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.36816 of 2008 G -------------------------- JUDGMENT Heard counsel for the petitioners. The grievance of the petitioners is that a suit is filed before the Sub Court, Thiruvananthapuram, but the office is not numbering it despite curing all the defects noted. This means, defects were there at the time of filing of the plaint. Counsel for the petitioners is not aware as to what were the defects noted. The assertion is only that the defects noted were cured. If at all the defects noted were cured and the suit is not being numbered, that is to be brought to the notice of the Sub Judge or the counsel can ask the suit being sent to Bench, if, according to him, there is no defect and the Receiving Officer is still not numbering it. It is not for the petitioners to rush to this Court without any order passed in their suit by the court below, at least an order holding WPC 36816/08 2 that there is some defect. This Court is not sitting in judgment over objections raised by the Sheristadar of the Sub Court. The Sub Court is being headed by the Sub Judge, who is to pass judicial orders in the matter. This writ petition, filed only on hearsay and without the Sub Judge being appraised of the grievance, cannot be entertained. This writ petition, in the circumstances, is dismissed. 16th December, 2008 (K.P.Balachandran, Judge) tkv