Writ petition directed Sub Court, Kozhikode to expedite an attachment application within three months under Article 227 of the Constitution, maintaining interim order pending disposal.
Directed Sub Court to expedite IA No.2863 of 2015 within three months; interim attachment order to remain in force until disposal.
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 K.RAMAKRISHNAN
THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938
OP(C).No. 2009 of 2015 (O) --------------------------OS NO. 82/2015 OF THE SUB COURT - IA, KOZHIKODE ---------
PETITIONER(S)/PLAINTIFFS:
1. SHAHUL HAMEED M.P. S/O.NOORUDEEN, M.P.HOUSE, VAIDYARANGADI P.O., RAMANATTUKARA, VELIPRAM AMSOM AND DESOM, KOZHIKODE 673 633.
2. SAJITHA
W/O.SHAHUL HAMEED, M.P.HOUSE, VAIDYARANGADI P.O., RAMANATTUKARA, VELIPRAM AMSOM AND DESOM, KOZHIKODE 673 633.
BY ADVS.DR.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN SRI.S.SIDHARDHAN SMT.C.K.LEKHAMMA SMT.R.UDAYA JYOTHI SRI. M.M.VINOD SRI.PRATHAP. S.R.K. SMT.M.SUSEELA SMT.MARY JOHN
RESPONDENT(S)/DEFENDANTS:
1. SUDHEESH KUMAR, S/O.RAJAGOPALAN, DIRECTOR, SHREE THIRUVANGAD CHITS, CLAY CONTRACTOR, OPP.FEROKE POLICE STATION, FEROKEPET P.O., KOZHIKODE 673 631.
2. BALAKRISNAN,AGED ABOUT 59 YEARS, S/O.GOVINDAN KUTTY NAIR, RANJINI HOUSE, PUTHUKKOD P.O., AZHINJILAM AMSOM, MALAPPURAM, DIRECTOR, SHREE THIRUVANGAD CHITS, KOZHIKODE 673 633.
OP(C).No. 2009 of 2015 (O)
3. GIREESH,AGED ABOUT 46 YEARS, S/O.VELAYUDHAN NAIR, EDODI ANUGRAH, SANGAMOM RESIDENTS ASSOCIATION, 210, KOLATHARA P.O.,KOZHIKODE 673 655, DIRECTOR, SHREE THIRUVANGAD CHITS, KOZHIKODE 673 633.
R2 & R3 BY ADV. SRI.P.V.KUNHIKRISHNAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 2009 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
P1: TRUE COPY OF THE PLAINT DATED 15/7/2015 IN OS NO.82/2015 OF THE SUB COURT, KOZHIKODE. P2: TRUE COPY OF THE COMPLAINT DATED 22/3/2013 SUBMITTED BY THE PETITIONERS BEFORE THE CIRCLE INSPECTOR TOGETHER WITH ACKNOWLEDGMENT P3: TRUE COPY OF THE FIR DATED 1/6/2013 IN CRIME NO.242/13 P4: TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHUMI DATED 11/6/2013. P5: TRUE COPY OF THE PETITION IA NO.2863/2015 IN EXT.P1 SUIT FOR ATTACHMENT P6: TRUE COPY OF THE PETITION IA NO.2862, FOR ADVANCING THE POSTING OF EXT.P1 SUIT
P1: (LAST PAGE HAVING NUMBER 6): COPY OF THE LAST PAGE HAVING NUMBER 6 OF THE PLAINT DT 15.7.2015 IN OS NO. 82/20154 OF THE SUB CURT, KOZHIKODE.
P7: COPY OF THE AGREEMENT DT 8.3.2014 EXECUTED BY THE R1 IN FAVOUR OF THE 1ST PETITIONER, TOGETHER WITH LEGIBLE TYPEWRITTEN COPY
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
K.RAMAKRISHNAN, J.
========================
O.P (C) No.2009 of 2015
========================== Dated this the 19th day of August, 2016
JUDGMENT
This is a petition filed by the petitioners seeking intervention of this Court to give direction to the Sub Court, Kozhikode to consider and dispose of Ext.P5 application within a time frame under Article 227 of the Constitution of India.
suit as O.S No.82 of 2015 on the file of the Sub Court - 1A, Kozhikode for realization of amount from the respondents. It is alleged in the petition that on the basis of the complaint given, Ext.P3 crime was registered against the directors of the Shree Thiruvangad Chit Funds, the concern was closed and sealed by the police, which came in Ext.P4 paper publication. Petitioner filed Ext.P5 petition as I.A No.2863 of 2015 for attachment before judgment. But, court below had ordered only notice and no orders have been passed in that application. Thereafter he filed I.A No.2862 of 2015 for advance hearing and the case was advanced but no orders have been passed. So that prompted the
O.P(C) No.2009 of 2015
Page numbers
petitioner to file this petition seeking the following reliefs:
the chit fund entered appearance through Adv.Sri.P.V.Kunhikrishnan. Notice sent to 1st respondent returned unclaimed, which this Court declared as sufficient service for the purpose of disposal of this writ petition.
O.P(C) No.2009 of 2015
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The Additional Sub Court - 1A, Kozhikode is directed to expedite I.A No.2863 of 2015 in O.S No.82 of 2015 pending before that court as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.
O.P(C) No.2009 of 2015
Page numbers
The interim order of attachment passed by this Court as per order dated 18.08.2015 will be in force till the disposal of that application by the court below. The court below is directed to pass orders in the attachment application after hearing both sides and dispose of the application in accordance with law within the time frame fixed by this Court.
With the above direction and observation this writ petition is disposed of. Registry is directed to communicate this judgment to the court below immediately.
Sd/-
K.RAMAKRISHNAN, JUDGE
vdv/20/08/16
1 issue framed by the court
Whether the Sub Court, Kozhikode should consider and dispose of the application for attachment before judgment within a specific time frame under Article 227 of the Constitution.
2 provisions across 1 enactments
Shahul Hameed M.P.
Sajitha
Sudheesh Kumar
Balakrishnan
Gireesh
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
