IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI WEDNESDAY, THE 18^TH DAY OF DECEMBER 2024 / 27TH AGRAHAYANA, 1946 OP(C) NO. 2744 OF 2024 (OS NO.475 OF 2024 OF MUNSIFF COURT, KOTTARAKKARA)

PETITIONERS/PLAINTIFFS 1 TO 4:

1 CHANDRAKUMARI. A.P AGED 69 YEARS W/O PRABHAKARAN NAIR, ‘CHANDRAMANCHAM’, KOTTAKKAKOM, PERINAD PO, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, NOW RESIDING AT ‘PRASADAM’, KUZHIMATHICADU, CHOORAPOIKA, KUZHIMATHICAD PO, KAREEPRA VILLAGE, KOTTARAKKARA TALUK, KOLLAM., PIN - 691601

2 MINI PRABHAKARAN AGED 47 YEARS D/O PRABHAKARAN NAIR, ‘PAVITHRAM’, NEAR PILLAZHIKATHIN, NJARAKKAL, PERINAD PO, THRIKKARUVA VILLAGE, KOLLAM., PIN - 691601

3 MAYA PRABHAKARAN AGED 46 YEARS W/O SURESH, NO. 4, 12TH STREET, SECRETARIAT COLONY, LAKSHMIPURAM, KOLATHUR, PUTHUGRAM, THIRUVALLOOR, TAMILNADU., PIN - 600099

4 MANJU PRABHAKARAN AGED 46 YEARS D/O PRABHAKARAN NAIR, ‘CHANDRAKANTHAM’, ALUMMOODU PO, KOTTAMKARA, KOLLAM., PIN - 691577 BY ADVS.

C.R.JAYAKUMAR NOBEL RAJU RESPONDENT/S:

NIL NIL THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.12.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT (Dated this the 18^th day of December 2024)

This original petition is filed for a direction to the Munsiff Court, Kottarakkara to take evidence and dispose of O.S No.475/2024.

2. A report was called for from the Munsiff Court, Kottarakkara, and a report dated 10.12.2024 is received wherein it is stated that the suit is filed on 13.11.2024 for declaring the civil death of Mr. Prabhakarna Nair, the husband of the 1^st plaintiff and father of plaintiff Nos. 2 to 4. I.A No.1/2024 was filed to advance the case, and the said I.A was posted to 21.11.2024 and on 25.11.2024, the said I.A was allowed and the case was advanced. On 05.12.2024, the plaintiff represented and for balance court fee and for evidence, it is posted to 18.12.2024. It is also stated that there are 3460 cases pending as on 30.11.2024, and some of the cases are more than 5 years old. The learned Munsiff submits that earnest efforts would be taken to dispose of the case as early as possible.

Taking into consideration that the relief sought in the suit is to declare the civil death of Mr. Prabhakaran Nair for claiming the benefits due to the deceased, I deem it appropriate to dispose of this original petition directing the Munsiff Court, Kottarakkara, to dispose of O.S No.475/2024 as expeditiously as possible, at any rate, on or before the closing of the summer vacation.

The original petition is disposed of.

Sd/-

BASANT BALAJI JUDGE JS APPENDIX OF OP(C) 2744/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECLARATION NO. H/408/22/KDIS DATED 16/03/202 ISSUED BY THE REVENUE DIVISIONAL OFFICER, PUNALUR Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.42064/2023 DATED 24/06/2024 Exhibit P3 TRUE COPY OF THE APPLICATION DATED 4/10/2023 FILED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, KAREEPRA.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 17/10/2024 ISSUED BY THE TAHSILDAR, KOTTARAKKARA TALUK Exhibit P5 TRUE COPY OF THE PLAINT IN O.S. 475/2024 ON THE FILES OF MUNSIFF COURT, KOTTARAKKARA Exhibit P6 TRUE COPY OF THE IA NO. 1/2024 DATED 18/11/2024 IN O.S.

NO. 475/2024 OF MUNSIFF COURT, KOTTARAKKARA