The High Court of Kerala dismissed a writ petition on the grounds of non-prosecution after finding that the petitioner failed to advance the matter despite multiple adjournments and incomplete service of notice.
Writ petition dismissed for non-prosecution.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
MONDAY, THE 18TH DAY OF JUNE 2012/28ND JYAISHTA 1934
WP(C).No. 15878 of 2004 (M)
PETITIONER(S):
SRI. T.JOHN,S/O.THOMAS,AGED 59 YEARS, PULLAMVILALIL HOUSE, MUNDENCAVU MURI, CHENGANNUR VILLAGE, CHENGANNUR P.O., ALAPPUZHA DISTRICT.
BY ADV. SMT.C.M.DHANY
RESPONDENT(S):
1. CHENGANNUR MUNICIPALITY, REP.BY ITS
2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA.
3. THE SUB INSPECTOR OF POLICE, CHENGANNUR.
4. SRI.K.V. GEORGE, KOTTOORETHU HOUSE, MUNDENCAVU MURI, CHENGANNUR P.O., ALAPPUZHA DISTRICT.
BY ADV. SRI.N.ASHOK KUMAR BY ADV. SRI.R.T.PRADEEP BY ADV. SRI.V.VIJULAL BY ADV. SRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
W.P.(C) NO.15878 OF 2004(M)
ANTONY DOMINIC, J.
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Dated this the 18th day of June, 2012
J U D G M E N T
By order dated 22.12.2009, notice was ordered to the respondents by speed post. Notice issued to the 2nd respondent was remaining unserved. The case was posted before the registry on 28.3.2011 and there was no representation. Therefore the case was ordered to be posted before the Court. Accordingly the case was posted on 15.7.2011. Then, at the request of the counsel, two weeks time was granted. In spite of it, steps were not taken and therefor the case was again posted before the court on 2.12.2011. On that day also at the request of the counsel two weeks time was granted. Even thereafter steps were not taken. Therefore, the case is coming up in the defect list. Even now steps have not been taken and therefore service is remaining incomplete.
In such circumstances I do not think it necessary to keep the case pending any longer. Writ Petition is therefore dismissed for non-prosecution.
(ANTONY DOMINIC) JUDGE
vi/
WPC.No.
:2 :
SRI. T.JOHN,S/O.THOMAS
CHENGANNUR MUNICIPALITY
THE SUPERINTENDENT OF POLICE, ALAPPUZHA
THE SUB INSPECTOR OF POLICE, CHENGANNUR
SRI.K.V. GEORGE
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
