High Court of KeralaOP(Crl.)/77/2015closed

Chandramathi v. Sasikumar

2015-03-04Honourable Mr. Justice P.Ubaid4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 OP(Crl.).No. 77 of 2015 (Q) ---------------------------- AGAINST C.M.P NO.89/2013 IN M.C NO.135/2012 ON THE FILE OF THE FAMILY COURT, THIRUVANANTHAPURAM PETITIONERS/PETITIONERS:

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1. CHANDRAMATHI, D/O.JANAKI, RESIDING AT T.C.NO.43/269, LEELA BHAVAN, ERA-55 THOTTAM, MANACAUD P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM NOW RESIDING AT KOOTUMALA, VAYALA P.O, KOTTAYAM.

2. VINAYAK KUMAR, AGED 15 YEARS, S/O.SASIKUMAR, REPRESENTED BY 1ST PETITIONER RESIDING AT T.C.NO.43/269, LEELA BHAVAN, ERA-55 THOTTAM, MANACAUD P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM NOW RESIDING AT KOOTUMALA VAYALA P.O, KOTTAYAM.

3. KAILAS KUMAR, AGED 12 YEARS, S/O.SASIKUMAR, REPRESENTED BY 1ST PETITIONER RESIDING AT T.C.NO.43/269, LEELA BHAVAN, ERA-55, THOTTAM, MANACAUD P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM NOW RESIDING AT KOOTUMALA VAYALA P.O, KOTTAYAM.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENT/COUNTER PETITIONER:

-------------------------------- SASIKUMAR, AGED 54 YEARS, S/O.GOPALAN, RESIDING AT T.C.NO.43/269, LEELA BHAVAN, ERA-55, THOTTAM, MANACAUD P.O, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM.

THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(Crl.).No. 77 of 2015 (Q) ---------------------------- APPENDIX PETITIONERS' EXHIBITS -------------------- EXT.P1 - COPY OF THE JUDGMENT IN M.C.NO.135/2012 DATED 23-4-2013 EXT.P2 - COPY OF THE CMP NO.89/2013 FILED BEFORE THE FAMILY COURT THIRUVANANTHAPURAM.

EXT.P3 - COPY OF THE MEMORANDUM OF O.P(CRL). NO.275/2014 EXT.P4 - COPY OF THE JUDGMENT IN O.P(CRL.)NO.275/2014 DATED 17-12-2014 RESPONDENT'S EXHIBITS --------------------- NIL //TRUE COPY// P.A TO JUDGE ab

P.UBAID, J.

--------------------------------------- O.P(Crl) No.77 of 2015 --------------------------------------- Dated this the 4th day of March, 2015

J U D G M E N T

The petitioners herein have obtained a maintenance order from the Family Court, Thiruvananthapuram in M.C No.135/2012. They now allege inaction on the part of the learned trial judge in the matter of execution. Ext.P2 is a copy of the execution petition filed before the trial court. It is alleged that inspite of repeated process, the presence of the respondent could not be procured in the execution proceedings. Now they seek a writ of mandamus directing the court below to ensure production of the respondent before the said court. No doubt, such a writ cannot be issued for such a purpose. This is an original petition brought under Article 227 of the Constitution of India. Writ jurisdiction cannot be exercised by this Court under Article 227 of the Constitution of India. Instead of seeking appropriate direction under Article 227 of the Constitution of India in exercise of supervisory powers of this Court, the petitioners wrongly seek a writ of mandamus under Article 227

O.P(Crl) No.77 of 2015 of the Constitution of India. This Original Petition can be closed without prejudice to the right of the petitioners to bring proper proceeding.

Accordingly, this Original Petition is closed without prejudice to the right of the petitioners to bring a proper application for appropriate directions to the court below under Article 227 of the Constitution of India.

P.UBAID JUDGE ab