Petitioners seeking intervention under Article 227 complained that their plea under Article 226 to expedite disposal of CMA 92/2015 was pending. Court directed district court to dispose case within two months.
Directing District Judge to dispose of CMA 92/2015 within two months and parties to cooperate with the court.
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
TUESDAY, THE 29TH DAY OF NOVEMBER 2016/8TH AGRAHAYANA, 1938
OP(C).No. 2975 of 2015 (O)
CMA.92/2005 OF DISTRICT COURT, THRISSUR, DATED 11-08-2015
PETITIONER(S):
1. SOJAN, S/O.KUMARAN, AGED 50 YEARS, MANCHERY HOUSE, KAIPARAMBU P.O., KAIPARAMBU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT.
2. GANESHAN, S/O.KUMARAN, AGED 53 YEARS, MANCHERY HOUSE, KAIPARAMBU P.O., KAIPARAMBU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. (OWNER OF JCB BEARING REGISTRATION NO.KL-8-AP-2436).
BY ADV. SRI.P.M.ZIRAJ
RESPONDENT(S):
1. THE SUB INSEPCTOR OF POLICE, CHAVAKKAD POLICE STATION, THRISSUR DISTRICT-680 001.
2. THE DISTRICT COLLECTOR, THRISSUR DISTRICT-680 001.
BY SR.GOVERNMENT PLEADER SRI.M.I.JOHNSON
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
OP(C).No. 2975 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF THE RELEVANT PAGES OF FAIR VALUE REGISTER PREPARED BY THE REGISTRATION DEPARTMENT, GOVERNMENT OF KERALA.
EXT.P2: TRUE COPY OF THE CMA NO.92 OF 2015 ON THE FILE OF THE DISTRICT COURT, THRISSUR DATED 11.08.2015.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K.RAMAKRISHNAN, J.
O.P.(C)No.2975 of 2015
Dated this the 29th day of November, 2016
JUDGMENT
This petition has been filed by the petitioner seeking intervention of this court, for giving direction to District Court, Thrissur to expedite disposal of C.M.A.92/2015 pending before that court within a time frame under Article 227 of the Constitution of India.
owners of the lorry and JCB with Reg.Nos.KL-08/AP-7110 and KL08/AP-2436 respectively and the vehicles were seized by the respondents alleging that the vehicles were used violating the provisions of the Kerala Conversion of Paddy Land and Wet Land Act, 2008 (herein after called 'the Act'). The enquriy was conducted by the second respondent and an order has been passed ordering confiscation of the vehicles and the same has been challenged by the petitioner by filing CMA 92/2015 before the District Court, Thrissur, but the case is not being disposed of so far. So the petitioner has no other remedy,
except to approach this court, seeking the following reliefs:
i. Issue an order or direction to the district court, Thrissur to consider and dispose Ext.P2 appeal submitted by the petitioners and pass orders therein within a reasonable period which this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case.
ii. Issue such other orders or directions, which this Hon'ble Court may deem fit and proper in the interest of justice and circumstances of the case.
O.P.(C)No.2975 of 2015
2
“I may report that the CMA 92/15 was filed u/s 21 of Kerala Conservation of Paddy Land and Wet Land Act, 2008 to set aside the order B3/24749/15 dated 13.07.2015 of the District Collector, Thrissur. The case was filed on 11.08.2015 and L.C.R. received on 07.01.2016. When the case was taken on 18.06.2016, there was no representation from the side of appellant. Hence notice ordered to the counsel. Now the case stands posted to 03.12.2016.
It is a case of the year 2015. I may submit that if both parties are ready this C.M.A. can be disposed of within a period of two months”.
The District Judge, Thrissur is directed to expedite disposal of the CMA 92/2015 pending before that court as expeditiously as possible at
O.P.(C)No.2975 of 2015
3
any rate within two months from the date of receipt of this judgment as undertaken in the report. Parties are directed to co-operate with the court in disposal of the case.
Registry is directed to communicate this judgment to the concerned court immediately.
Sd/-
(K. Ramakrishnan, Judge)
//True Copy//
P.A. to Judge
ss
2 issues framed by the court
Whether a direction can be issued under Article 227 to expedite disposal of a matter pending before a subordinate court within a specified time.
Whether the District Court is directed to dispose of CMA 92/2015 within two months.
Colour shows how this judgement treated each authority
N/AReferred
N/A
3 provisions across 2 enactments
Sojan, S/o. Kumaran, Owner of Lorry bearing Reg. No. KL-8-AP-7110
Ganeshan, S/o. Kumaran, Owner of JCB bearing Reg. No. KL-8-AP-2436
The Sub Inspector of Police, Chavakkad Police Station
The District Collector, Thrissur District
K. Ramakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
