Dismissed

Shaji v. State of Kerala

Kerala HC18 Jun 2008WP(C)/18302/2008

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed the writ petition seeking direction to take up specific applications, observing that the case was already advanced. The court directed the Sub Judge to dispose of the applications pertaining to Section 80 CPC and Order XXXIX Rule 1 CPC expeditiously.

What did the court decide?

Court directed Sub Judge to pass appropriate orders on Section 80(2) and Order XXXIX Rule 1 applications expeditiously.

Shaji Vs State of Kerala — Civil Procedure and Limitation | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

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WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930

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WP(C).No. 18302 of 2008(D)

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-------------------------AGAINST THE ORDER DATED 13/06/2008 IN IA 4009/08 IN OS.../2008 of PRL.SUB COURT,THRISSUR

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PETITIONER:

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SHAJI, AGED 30 YEARS, S/O.KUMARAN, KANDAMPULLY HOUSE, KATTAKAMBAL VILLAGE,

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DESOM, THALAPPILLY TALUK.

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THRISSUR DISTRICT REPRESENTED BY POWER OF ATTORNEY

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HOLDER PRAVEENA.

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PRAVEENA, AGED 29 YEARS, W/O.SHAJI, KANDAMPULLY HOUSE, KATTAKAMBAL VILLAGE DESOM, THALAPPILLY TALUK, THRISSUR DISTRICT.

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JOSE MEENATTOOR, AGED 64 YEARS, AGRICULTURIST, S/O.JOSEPH, MEENATTOOR

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HOUSE, KILLANNUR VILLAGE, P.O.MULANKUNNATHUKAVU, THRISSUR DT.

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BY ADV. SRI.K.B.MOHANDAS SRI.LELLULAL T.G.THUNDATHIL SRI.M.R.DHANIL

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RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR.

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FOREST RANGE OFFICER, WADAKKANCHERY RANGE, P.O.ENKAKKAD, WADAKKANCHERY.

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BY SENIOR GOVT. PLEADER SRI.M.R.SABU

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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M.SASIDHARAN NAMBIAR, J.

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W.P.(C) No.18302 of 2008

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Dated this the 18^th June, 2008.

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J U D G M E N T

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Petitioners are the plaintiffs in a suit instituted before the Sub Court, Thrissur. The suit was filed against the State and the Forest Range Officer. It was instituted before sending a notice under Section 80 of the Code of Civil Procedure. A petition was filed seeking leave of the court to institute the suit without a notice, as provided under Section 80(2) of Code of Civil Procedure. According to the petitioners, suit was filed on 10.6.2008, and it was taken up on 11.6.2008 and notice to the Government Pleader was ordered, and posted to 13.6.2008, on which date, Government Pleader appeared and sought time for objection and was posted to 10.7.2008. It was contended that though I.A.No.4105/2008 was filed to advance the case, it was taken up, as the court was not sitting on that date. The learned counsel further submitted that subsequently the petition was taken up, and the petition now stands posted to 19.6.2008. This petition is filed under Article 227 of Constitution of India for a direction to take up Exts.P2 to P5 applications.

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W.P.(C) No.18302/2008

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In view of the submission that the case already stands advanced to 19.6.2008, I do not find that there need be any direction to advance the case as sought for. The Sub Judge is directed to pass appropriate orders in Ext.P5 application filed under Sub-section 2 of Section 80 of Code of Civil Procedure and also on the application filed under Order XXXIX Rule 1 of Code of Civil Procedure, as expeditiously as possible.

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M.SASIDHARAN NAMBIAR, JUDGE

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nj.

Shaji v. State of Kerala

Case brief

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Shaji v. State of Kerala

Case brief

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