The Court extended the previous order of status quo for one month pending the hearing of an interim injunction application. It directed the lower court to consider the application within three weeks, explicitly reserving judgment on the merits.
Status quo extended for one month; lower court directed to consider interim application within three weeks.
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 SHAJI P.CHALY
MONDAY, THE 19TH DAY OF SEPTEMBER 2016/28TH BHADRA, 1938
WP(C).No. 29942 of 2016 (P)
PETITIONER(S):
JOHNSON, AGED 52 YEARS, S/O.K.V.JOSEPH, KAINIKUNNEL HOUSE, MUTTOM, THUNDAGANADU KARA, IDUKKI - 685 587.
BY ADVS.SRI.P.SANJAY
SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR SRI.K.P.ABDUL RASSAK SRI.SUSEEL M.MENON SMT.BINI SARAMMA
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI, PIN - 685 587.
3. THE TAHSILDAR, TALUK OFFICE, THODUPUZHA, IDUKKI, PIN - 685 587.
4. THE TALUK SURVEYOR, TALUK OFFICE, THODUPUZHA, PIN - 685 587.
5. THE VILLAGE OFFICER, MUTTOM VILLAGE OFFICE, IDUKKI, PIN - 685 587.
BY SR.GOVERNMENT PLEADER SMT.K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 29942 of 2016 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. COPY OF THE JUDGMENT IN WPC 15237/15 DATED 1.6.15.
EXHIBIT P2. COPY OF THE APPLICATION DATED 8.8.15 SUBMITTED BY PETITIONER.
EXHIBIT P3. COPY OF THE OBJECTION FILED BY THE RESPONDENTS TO IA 1600/15 DATED 15.9.15.
EXHIBIT P4. COPY OF THE CAVEAT FILED BY THE 2ND RESPONDENT DATED 27.7.15.
EXHIBIT P5. COPY OF THE JUDGMENT IN WPC 26149/15 DATED 3.9.15.
EXHIBIT P6. COPY OF THE RELEVANT PAGE OF THE RE.SY.FIELD REGISTER PERTAINING TO THE PROPERTY OF PETITIONER.
EXHIBIT P7. COPY OF THE RELEVANT PAGE OF THE VILLAGE FIELD REGISTER PERTAINING TO THE PROPERTY OF PETITIONER.
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.A.TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C) No.29942 of 2016
Dated this the 19th day of September, 2016
JUDGMENT
Petitioner has filed O.S.No.347/2015 and the same is
pending consideration before the Munsiff Court, Thodupuzha. I.A.No. 1600/2015 was also filed to restrain the defendants from evicting the petitioner from his property. When the property was sought to be taken over during the pendency of Interlocutory Application, petitioner approached this Court and as per judgment dated 3.9.2015 in W.P.(C)No. 26149/2015 this Court directed that petitioner
shall not be dispossessed till the Munsiff's court takes a decision on interim application. Application for interim injunction was posted to 9.9.2016. Apprehending illegal action during ensuing holidays petitioner has approached this Court by filing this writ petition seeking appropriate direction.
W.P.(C) No.29942 of 2016
2
3. On 7.9.2016 this Court directed the Government
Pleader to take instruction and status quo as on that day was directed to be maintained. Today when the matter is taken up, learned counsel for the petitioner submitted that the interim application for injunction is posted to 30.9.2016 for consideration. Since already an order of status quo was ordered, I think it is only appropriate that the said direction is continued for a period of one month. Accordingly I do so.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY,JUDGE
dlk/19/9/
2 issues framed by the court
Whether to maintain status quo during the pendency of an interim application for injunction in an eviction dispute.
Whether to direct the lower court to consider the interlocutory application within a fixed period.
Johnson
State of Kerala
District Collector, Idukki
Tahsildar, Thodupuzha
Taluk Surveyor, Thodupuzha
Village Officer, Muttom
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
