The High Court of Kerala set aside an order dismissing a suit for lack of notice. The court directed the Munsiff to number the suit and decide the Section 249 notice defense as an issue.
Impugned order set aside; suit numbered and notice issue to be decided within the suit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
CRP.No. 554 of 2012 ()
(AGAINST THE ORDER DATED 15.11.2012 IN UNNUMBERED O.S.No...../2012 BY THE MUNSIFF'S COURT, ALUVA.
REVISION PETITIONER(S)/PLAINTIFF:
G.O.DEVASSYKUTTY, AGED 60 YEARS S/O.OUSEPH, NJALIYAN HOUSE, NEELISWARAM P.O. KALADY.
BY ADVS.SRI.A.T.ANILKUMAR
SMT.V.SHYLAJA
RESPONDENT(S)/DEFENDANTS:
KALAMPATTAPURAM.
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 17-12-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.No. 554 of 2012
Dated this the 17th day of December, 2012
O R D E R
The petitioner/plaintiff contends that the action of the first respondent/first defendant Panchayat is ultra vires the provisions of the Kerala Panchayat Raj Act, 1994 and is hence not protected by the exclusionary clause under Section 249 thereof. Reliance is placed on Mammadhan Kutty v. Pallivasal Grama Panchayat (2004 (1) KLT 751) to buttress this contention.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.
1 issue framed by the court
Whether the Panchayat is protected by the exclusionary clause under Section 249 of the Kerala Panchayat Raj Act, 1994.
Colour shows how this judgement treated each authority
Mammadhan Kutty v. Pallivasal Grama PanchayatDistinguished¶33
Mammadhan Kutty v. Pallivasal Grama Panchayat (2004 (1) KLT 751)
1 provisions across 1 enactments
G.O.Devassykutty
V.Shylaaja
Malayattoor Neeliswaram Grama Panchayath
Radhakrishnan
Paul Kollamkudi
Francis
V.Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
