Soumya Rajesh vs Nil
2023 Latest Caselaw 1816 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
   WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        OP(C) NO. 151 OF 2023
  IN OPGW 85/2022 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
PETITIONERS/PETITIONERS IN OP (GUARDIAN):

    1     SOUMYA RAJESH
          AGED 37 YEARS
          W/O. LATE RAJESH N.T., NADUKUDY HOUSE, PERAMANGALAM
          DESOM, PERAMANGALAM VILLAGE, THRISSUR DISTRICT -
          680545.

    2     K. SAROJAM
          AGED 71 YEARS
          W/O. THANKAPPAN, NADUKUDY HOUSE, PERAMANGALAM DESOM,
          PERAMANGALAM VILLAGE, THRISSUR DISTRICT - 680545.

    3     GAYATHRI N.R (MINOR)
          AGED 13 YEARS, D/O. LATE RAJESH N.T., NADUKUDY HOUSE,
          PERAMANGALAM DESOM, PERAMANGALAM VILLAGE, THRISSUR
          DISTRICT, REPRESENTED BY HER MOTHER PERAMANGALAM
          DESOM, PERAMANGALAM VILLAGE, THRISSUR DISTRICT -
          680545.

    4     GANGA N.R,(MINOR)
          AGED 7 YEARS
          D/O. LATE RAJESH N.T. NADUKUDY HOUSE, PERAMANGALAM
          DESOM, PERAMANGALAM VILLAGE, THRISSUR DISTRICT,
          REPRESENTED BY HER MOTHER PERAMANGALAM DESOM,
          PERAMANGALAM VILLAGE, THRISSUR DISTRICT - 680545.

          BY ADV T.M.FATHIMA


RESPONDENTS:

          NIL

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.151/2023
                                         -:2:-




                     Dated this the 1st day of February, 2023

                             JUDGMENT

The original petition is filed to direct the Court of

the Additional District Judge-I, North Paravur, to

consider and dispose of O.P.(Guardian) No.85/2022

(Ext P1) within a time frame.

2. Pursuant to the order dated 20.01.2023

passed by this Court, the learned District Judge, by

communication dated 30.01.2023, has informed this

Court that the above original petition is filed to appoint

the petitioners as the legal guardian of the minor

children. The original petition stands posted to

09.03.2023 for effecting public notice regarding the

claim of the petitioners and for affixture of notice in

the notice boards of the Panchayat and Village Officers,

where the property is situated. Even though the order

was passed on 11.01.2023, the petitioners took steps

only later. Hence, the case was adjourned to O.P.(C)No.151/2023

09.03.2023. It is seen that the property sought to be

sold is mortgaged with LIC Housing Finance Limited.

If there is no objection from any quarters, after the

completion of the statutory steps, the court below

would make an endeavour to dispose of the original

petition on or before 13.04.2023.

3. Heard; Smt. T.M. Fathima, the learned

counsel appearing for the petitioners.

In the light of the pleadings and materials on

record and after perusing the communication of the

learned District Judge, and taking into consideration

the peculiar facts and circumstances of the case that

the properties are to be sold for the paramount welfare

and best interest of the minor children, I am of the firm

opinion that a lenient view is to be taken in the matter

in the interest of the children by directing the court

below to consider and dispose of O.P.(Guardian)

No.85/2022, as expeditiously as possible. O.P.(C)No.151/2023

Resultantly, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Additional District

Judge-1, North Paravur, to consider and dispose of O.P.

(Guardian) No.85/2022, in accordance with law, if

there is no objection from any third party, as

expeditiously as possible, at any rate, on or before

31.03.2023.

The original petition is ordered accordingly.

Sd/-

                                          C.S.DIAS,JUDGE

DST/01.02.23                                                  //True copy/

                                                             // True copy//

                                                          P.A.To Judgeudge
 O.P.(C)No.151/2023





                             APPENDIX

PETITIONER EXHIBITS
EXHIBITP1           COPY OF THE O.P. (GUARDIAN) NO. 85 OF 2022

ON THE FILES OF THE ADDITIONAL DISTRICT COURT, NORTH PARAVUR

EXHIBIT P2 COPY OF THE SALE DEED NO. 384/2021 OF ALUVA SRO

EXHIBIT P3 COPY OF THE LAND TAX RECEIPT DATED 17.09.2021 BEARING NO. KL07041311444/2021 ISSUED BY ALUVA EAST

EXHIBIT P4 COPY OF THE STATEMENT OF LOAN ACCOUNT DATED 17.05.2022 ISSUED BY LIC HOUSING FINANCE LTD SHOWING REPAYMENT OF LOAN AMOUNT BY THE 1ST PETITIONER

EXHIBIT P5 COPY OF THE SALE AGREEMENT DATED 31.05.2022

EXHIBIT P6 COPY OF THE PAPER PUBLICATION DATED 12.07.2022 IN MATHRUBHUMI NEWS PAPER DAILY

EXHIBIT P7 COPY OF THE PRINT OUT OF THE PROCEEDINGS EXTRACT FROM HTTPS://SERVICES.ECOURTS.GOV.IN/ECOURTINDIA _V4_BILINGUAL/CASES/CASE_NO.PHP? STATE=D&STATE_CD=4&DIST_CD=2# PERTAINING TO EXT P1

EXHIBIT P8 COPY OF THE NOTICE DATED 10.01.2023 ISSUED BY LIC HOUSING FINANCE LIMITED TO THE 1ST PETITIONER

RESPONDENTS' EXHIBITS: NIL