The Kerala High Court, though presenting the judgment from the subordinate MunsiFF Court of Tirur, dismissed an original petition (OP(C).No.1557 of 2017) because the petitioner withdrew it during admission, finding the withdrawal to be on the grounds that the suit had become infructuous.
The O.P. (Civil) was dismissed as withdrawn.
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.KEMAL PASHA
TUESDAY, THE 23RD DAY OF MAY 2017/2ND JYAISHTA, 1939
OP(C).No. 1557 of 2017 (O)
IN OS 139/2017 of MUNSIFF COURT, TIRUR
PETITIONER/PLAINTIFF:
P.P.MOHAMMED YASEEN,
AGED 65 YEARS, S/O. MOHAMMEDKUTTY, SECRETARY, KOOTTAYI HIGH SCHOOL COMMITTEE, KOOTTAYI, MANGALAM AMSOM, KOOTTAYI DESOM, P.O. KOOTTAYI. PIN-676 562, TIRUR TALUK, MALAPPURAM.
BY ADVS.SRI.T.KRISHNANUNNI (SR.) SRI.VINOD RAVINDRANATH SRI.SAJU.S.A
RESPONDENTS/DEFENDANTS:
1. T.P.MOHAMMED AFSAL,
AGED 47 YEARS, S/O. P.P.MOHAMED AMEEN, CHENNARA AMSOM, DESOM, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676 101.
2. P.P.BAVA,
AGED 70 YEARS, S/O. P.K.N.KUNHAMMED, NALAMKANDATHIL HOUSE, MANGALAM AMSOM, KOOTTAYI DESOM, P.O.KOOTTAYI, PIN-676 562, TIRUR TALUK, MALAPPURAM.
3. P.P.KOYA MOIDEEN, AGED 62 YEARS, S/O. C.M.MOHAMMEDKUTTY, MANGALAM AMSOM, KOOTTAYI DESOM, P.O. KOOTTAYI, PIN-676 562, TIRUR TALUK, MALAPPURAM.
OP(C).No. 1557 of 2017 (O)
4. THE DISTRICT COLLECTOR, MALAPPURAM-676 505.
5. THE DIST. EDUCATIONAL OFFICER, TIRUR, MALAPPURAM-676 101.
R2 & R3 BY ADV. SRI.C.M.MOHAMMED IQUABAL R4 & R5 BY GOVERNMENT PLEADER SMT.K.B.SONY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1557 of 2017 (O)
APPENDIX
PETITIONER’S EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 11.04.2017 IN O.S. 139/2017 ON THE FILE OF THE COURT OF THE MUNSIFF OF TIRUR.
EXHIBIT P2 TRUE COPY OF THE BYE-LAWS OF THE SOCIETY REGISTERED UNDER THE PROVISIONS OF THE SOCIETIES REGISTRATION ACT, THE REGISTRATION NUMBER BEING 13/1960.
EXHIBIT P3 TRUE COPY OF THE LIST OF THE OFFICE BEARERS SUBMITTED BEFORE THE REGISTRAR OF THE SOCIETIES ON 03.08.2016.
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE REGISTRAR OF THE SOCIETIES DATED 19.07.2016.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.03.2017 IN I.A. 605/2017 IN O.S. 81/2017 ON THE FILE OF THE COURT OF THE MUNSIFF OF TIRUR.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 29.03.2017 OF THE DISTRICT EDUCATIONAL OFFICER.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 05.04.2017 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER.
EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 06.04.2017 ISSUED BY DISTRICT EDUCATIONAL OFFICER.
EXHIBIT P9 TRUE COPY OF THE REPLY DATED 10.04.2017 SENT BY THE PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER.
EXHIBIT P10 TRUE COPY OF THE NOTICE DATED 10.04.2017 ISSUED U/S 80 OF C.P.C. TO THE DISTRICT COLLECTOR.
EXHIBIT P11 TRUE COPY OF I.A. 1064/2017 IN O.S. 139/2017 DATED 11.4.2017 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, TIRUR.
RESPONDENTS’ EXHIBITS :
NIL
// True Copy //
P.A. To Judge
DSV/-
B. KEMAL PASHA, J.
O.P.(Civil) No.1557 of 2017
Dated this the 23rd day of May, 2017
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Learned counsel for the petitioner seeks for an opportunity to the petitioner to withdraw from the O.P. on the ground that it has become infructuous. Hence, O.P.(Civil) is dismissed as withdrawn.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/23/05
// True Copy //
PA to Judge
P.P.MOHAMMED YASEEN
T.P.MOHAMMED AFSAL
P.P.BAVA
P.P.KOYA MOIDEEN
THE DISTRICT COLLECTOR, MALAPPURAM
THE DIST. EDUCATIONAL OFFICER, TIRUR
MUNSIFF COURT TIRUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
