Disposed

G.v.Radhadevi v. Ravendran Pillai

Kerala HC8 Feb 2018OP(C)/3/2018

Case brief

AI extract

What is this about?

In an Original Civil Petition under Article 226 of the Constitution, the High Court of Kerala directed the petitioner to approach the Sub-Court below before seeking removal of the case from the list via this writ petition, as no rejection order by the lower court was available on record.

What did the court decide?

The petition was disposed of; the petitioner was directed to file a proper application before the Sub-Court below seeking the relief.

G.v.Radhadevi Vs Ravendran Pillai — 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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THURSDAY, THE 8TH DAY OF FEBRUARY 2018 / 19TH MAGHA, 1939

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OP(C).No. 3 of 2018

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OS.11/2017 & OS.12/2017 of SUB COURT AT PUNALUR, KOLLAM

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PETITIONERS:

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1 G.V. RADHADEVI, AGED 62 YEARS, W/O. LATE P. CHELLAPPAN PILLAI, VAZHAPPALLY PUTHEN VEEDU, PERUMKULAM MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, PIN - 691 560.

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2 RAKESH C.R., AGED 36 YEARS, S/O LATE P. CHELLAPPAN PILLAI, VAZHAPPALLY PUTHEN VEEDU, PERUMKULAM MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, PIN 691 560.

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3 SYAM MOHAN C.R., S/O. LATE P. CHELLAPPAN PILLAI, VAZHAPPALLY PUTHEN VEEDU, PERUMKULAM MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, PIN - 691 560.

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4 ARCHANA C.R., D/O. LATE P. CHELLAPPAN PILLAI, VAZHAPPALLY PUTHEN VEEDU, PERUMKULAM MURI, KALAYAPURAM VILLAGE, KOTTARAKKARA TALUK, PIN 691 560.

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BY ADVS.SRI.ACHUTH KYLAS

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SRI.R.MAHESH MENON SMT.SREEDEVI KYLASANATH

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RESPONDENTS:

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1. RAVENDRAN PILLAI, SREENILAYAM, MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN 691 508.

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2. SUDHAKUMARY, SREENILAYAM, MELILA VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN 691 508

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 3 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBIT

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EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 19-12-2017 ISSUED TO THE PETITIONER'S COUNSELS

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RESPONDENT(S)' EXHIBIT

NIL

TRUE COPY

P.S. TO JUDGE

ALEXANDER THOMAS, J.

Dated this the 8th day of February, 2018.

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The prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:

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“To issue a direction to the Honourable Sub-Court, Punalur to remove the case from list and await for the Advocate Commission Report.”

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Heard Sri.Achuth Kylas, learned counsel appearing for the

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petitioners. In the nature of the order proposed to be passed in this petition, notice to the respondents will stand dispensed with.

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Going by the nature of the prayers sought for in this Original Petition, this Court has raise specific query as to whether the petitioner has approached the District Court seeking removal of the case from the list, there was no response from the petitioner. As regards the above prayer, it is seen that no orders passed by the court below rejecting such request have been made available for perusal of this Court. Therefore, it is only proper for the petitioner to approach with such prayer before the court below and then to come before this Court

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::2::

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O.P(C).No.3 Of 2018

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with such a relief. Therefore, it is made clear that it is for the petitioner to file proper application before the court below. In such eventuality, the court below will consider the said plea and pass necessary orders thereon in accordance with law. The petitioner will produce a certified copy of this judgment before the court below for necessary information.

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With these observations and directions, the aforecaptioned Original Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, Judge.

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Bkn/-

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// True copy //

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P.A to Judge.

G.v.Radhadevi v. Ravendran Pillai

Case brief

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G.v.Radhadevi v. Ravendran Pillai

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