The High Court of Kerala closed two writ petitions without expressing an opinion on party rights, noting the civil court's jurisdiction. The Court reserved the cause of action for future petitions.
Petitions closed with liberty to file fresh petition if fresh cause of action arises.
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 B.P.RAY
TUESDAY, THE 2ND DAY OF JULY 2013/11TH ASHADHA, 1935
OP.No. 25011 of 2002 (C)
PETITIONER(S):
S. RAMACHANDRAN PILLAI, S/O. SHANKARA PILLAI, AGED 54 YEARS, MULAMBALLY VILA MANAMPUZHA P.O., KUNNATHUR VILLAGE, KOLLAM.
BY ADV. SRI.N.UNNIKRISHNAN
RESPONDENT(S):
1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT.
2. THE SUB INSPECTOR OF POLICE, SASTHAMCOTTA.
3. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM.
4. THE PROPRIETOR, SITA FINANCE, HEERA MANSION, 18, GENERAL MUTHIA STREET SOWCARPET, CHENNAI.
5. SHRI. S. ANANDARAJ, MANAGER/PARTNER, SITA FINANCE, SITARA HOUSE, KALATHUPADI VADAVATHOOR P.O., KOTTAYAM.
R5 BY ADV. SRI.M.K.CHANDRA MOHANDAS R1 TO 3 BY GOVERNMENT PLEADER SMT.MAYA
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02-07-2013, ALONG WITH WPC. 14729/2004, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
OP.NO.25011/2002
APPENDIX
P1:- COPIES OF CERTIFICATE OPF REGISTRATION.
P2:- COPY OF CONTRACT CARRIAGE PERMIT NO.F.CO.C2/517/2001/K DTD. 24.9.2001.
P3:- COPY OF THE LETTER DTD.19.4.2002 ISSUED BY THE 4TH RESPONDENT.
P4:- COPY OF RECEIPT NO.808. SF 85 DTD. 20.5.2002.
P5:- COPY OF COMPLAINT LODGED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE SASTHAMCOTTA.
P6:- COPY OF THE TELEGRAM SENT BY THE 4TH RESPONDENT.
P7:- COPY OF LETTER NO.SF 25927-85 DTD. 4.7.2002.
P8:- COPY OF D.D. NO.232145 DTD. 23.7.2002 SENT BY THE PETITIONER.
P9:- COPY OF LETTER DTD. 23.7.2002 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT.
P10:- COPY OF PETITION DT. 8.7.2002 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.
P11:- COPY OF LETTER DTD. 2.8.2002 WITH HONOURABLE MINISTER OF POSTAL SERVICE , NEW DELHI.
P12:- COPY OF TELEGRAM DTD 5.8.2002 SENT BY THE PETITIONER TO THE 4TH RESPONDENT.
P13:- COPY OF F.I.R. DTD. 2.8.2002.
RESPONDENT'S EXHIBITS
NIL
TRUE COPY
P.A. TO JUDGE
tss
B.P. Ray, J.
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O.P.No.25011/2002 & W.P.(C)No.14729/2004
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Dated this the 2nd day of July, 2013.
JUDGMENT
Heard. It is submitted at the bar that the civil court is in seisin
of the matter.
Without expressing any opinion on the rights and privileges of
the parties, I close these writ petitions with liberty to file fresh petition, if fresh cause of action arises.
sl.
B.P. Ray, Judge.
1 issue framed by the court
Whether the High Court can exercise jurisdiction when the civil court is in seisin of the matter.
S. Ramachandran Pillai
The State of Kerala
The Sub Inspector of Police, SasthamcotTA
The District Superintendent of Police, Kollam
The Proprietor, Sita Finance
Shri. S. Anandaraj
B.P. Ray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
