MUKKANICKAL ANTONY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Original Petition is for a direction to the learned Principal Sub Judge, North Paravur to take up L.A.R.Nos.164 and 165 of 2009 (of the court of learned Additional Sub Judge, North Paravur) and dispose of the same as early as possible. Petitioner is the power of attorney holder of claimant in L.A.R.No.165 of 2009 and one of the legal representatives as also power of attorney holder of other legal representatives of the original claimant in L.A.R.No.164 of 2009. Those reference cases are pending in the court of learned Additional Sub Judge, North Paravur. A joint trial was ordered, evidence was recorded and the matter was heard. At that time, respondents filed application to reopen the cases for marking a document. Learned Additional Sub Judge directed that the document could be marked through RW1 and now the cases stand posted on 20.07.2011 for examination of RW1 to mark the document. In the meantime, learned Additional Sub Judge who recorded the evidence and heard the cases was posted as Principal Sub Judge, North Paravur. The request of petitioner is that since evidence was recorded and matter was heard by learned Additional Sub Judge (who is now posted as Principal Sub Judge) the same Judge may be directed to dispose of the reference cases. Learned Government Pleader has submitted that as stated earlier the cases now stand posted tomorrow (20.07.2011) for examination of RW1 for marking the document.

(2.) I called for a report from the learned Principal Sub Judge whether there is any impediment or difficulty to him to dispose of the reference cases if the same are transferred to his court. The Registrar (Judicial) after contacting the learned Principal Sub Judge has reported that learned Principal Sub Judge while acting as Additional Sub Judge had recorded evidence in the reference cases and that there is no impediment or difficulty for him to dispose of those cases if the same are transferred to his court.