Disposed

J.John v. the Assistant Executive Engineer

Kerala HC21 Feb 2018OP(C)/169/2018

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an Original Petition under Article 227 praying for setting aside subordinate court orders and directing the appointment of an Advocate Commissioner. The court directed the Munsiff Court to consider a pending commission application within two weeks.

What did the court decide?

Directed the court below to consider the pending application for Advocate Commissioner within two weeks and pass orders.

J.John Vs the Assistant Executive Engineer — Civil Procedure and Limitation | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 21ST DAY OF FEBRUARY 2018 / 2ND PHALGUNA, 1939

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OP(C).No. 169 of 2018

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I.A.NO.8350/2017 AND I.A.NO.8351/2017 IN O.S.NO.439/2014 OF I ADDITIONAL MUNSIFF COURT, ERNAKULAM

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PETITIONER(S)

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J.JOHN, S/O. SIMON JOSEPH, VALIYAVETTIL HOUSE, KALAMASSERY, THRIKKAKARA NORTH, ERNAKULAM DISTRICT - 683 104.

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BY ADV.SRI.P.J.JOSEPH PANIKKASSERY

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RESPONDENT(S):

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1. ASSISTANT EXECUTIVE ENGINEER, L.S.G.D. KALAMASSERRY MUNICIPALITY, CHANGAMPUZHA NAGAR P.O., PIN- 682 033.

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2. SECRETARY, DHAYA CHARITABLE TRUST REPRESENTED BY N.M.ABDUL RAHIMAN, NEERUNGAL HOUSE, RAJAGIRI P.O., PIN - 683 104.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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01/03/2018

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OP(C).No. 169 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT	P1. PHOTO COPY OF APPLICATION DATED 4.12.2017 IN I.A.8350/2017 IN O.S.439/2014 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAM.
EXHIBIT	P2. PHOTO COPY OF APPLICATION DATED 04.12.2017 IN I.A.8351/2017 IN O.S.439/2014 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAM.
EXHIBIT	P3. PHOTO COPY OF ORDER DATED 12.12.2017 IN I.A.8350/2017 IN O.S.439/2014 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAM.
EXHIBIT	P4. PHOTO COPY OF ORDER DATED 12.12.2017 IN I.A.8351/2017 IN O.S.439/2014 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAM.
EXHIBIT	P5. PHOTO COPY OF WRITTEN STATEMENT OF 2ND DEFENDANT DATED 8.7.2014 IN O.S.439/2014 OF 1ST ADDL. MUNSIFF COURT, ERNAKULAM.
EXHIBIT	P6. PHOTO COPY OF NOTIFICATION DATED 06.12.1993.
EXHIBIT	P6 IN I.A.NO.225/2018: PHOTO COPY OF PHOTO OF THE ILLEGALLY CONSTRUCTED BUILDING.
EXHIBIT	P7 PHOTO COPY OF THE PHOTO OF THE FRONT WALL OF THE MOSQUE.
EXHIBIT	P8 PHOTO COPY OF COMMISSION APPLICATION I.A.NO.721/18 IN O.S.NO.439/14 OF 1ST ADDITIONAL MUNSIFF COURT, ERNAKULAM DATED 27.01.2018.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 01/03/2018

ALEXANDER THOMAS, J.

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==================

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O.P(C).No. 169 of 2018

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==================

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Dated this the 21^st day of February, 2018

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J U D G M E N T

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The prayers in this Original Petition (Civil) filed under the enabling

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provisions contained in Art.227 of the Constitution of India are as follows:

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“i) To pass an appropriate orders or directions by setting aside the orders Exhibits P-3 and P-4 passed on 12.12.2017 in I.A.8350/17and I.A.8351/17 on O.S.439/14 of 1^st Addl. Munsiff Court, Ernakulam.

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ii) To issue a direction to the court below to appoint an Advocate commissioner on I.A.8351/17 and accept 2 documents produced along with I.A.8350/17 by granting leave to accept the same by allowing Exhibits P-1 and P-2 applications respective (sic).”

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Heard Sri.P.J.Joseph Panikkaserry, learned counsel appearing

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for the petitioner/plaintiff. In the nature of the order that is proposed to be passed in this petition, notice to the respondents will stand dispensed with.

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Sri.P.J.Joseph Panikkaserry, learned counsel appearing for the petitioner submits that during the pendency of this Original Petition (Civil), the petitioner has subsequently filed Ext.P-8 I.A.No.721/2018 in O.S.No.439/2014 before the Munsiff's Court, Ernakulam, praying for orders of that court to appoint an Advocate Commissioner to ascertain the matters enumerated in that application. Sri.P.J.Joseph Panikkaserry, learned counsel appearing for the petitioner submits that now the limited prayer sought for by the petitioner is for an order from this Court so as to

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O.P(C).169/18 - : 2 :-

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direct the Munsiff's Court, Ernakulam, to pass orders on Ext.P-8 I.A. without any further delay. Accordingly, it is ordered that in case Ext.P-8 I.A.No. 721/2018 in O.S.No.439/2014 is still pending consideration, then the said court shall take up that I.A. for consideration and after affording reasonable opportunity of being heard to both sides, will pass orders disposing of that I.A. within two weeks from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the court below concerned for necessary information.

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With these observations and directions, the above Original Petition (Civil) stands finally disposed of.

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sdk+

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Sd/- ALEXANDER THOMAS, JUDGE ///True Copy///

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P.S. to Judge

J.John v. the Assistant Executive Engineer

Case brief

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J.John v. the Assistant Executive Engineer

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