Allowed

P.I.Abraham v. State of Kerala

Kerala HC21 Dec 2018OP(C)/2665/2015

Case brief

AI extract

What is this about?

The Court disposed of two original petitions seeking transfer of a suit from the abolished Munnar Special Tribunal back to the Munsiff's Court, Devikulam. The Court directed the Registrar to effect the transfer and continued an interim order for two months.

What did the court decide?

Director transfer of M.T (O.P) No.77 of 2015 to Munsiff's Court, Devikulam and continuation of interim order for two months.

P.I.Abraham Vs State of Kerala — 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 SATHISH NINAN

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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OP(C).No. 2665 of 2015

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AGAINST M.T.(O.P) 77/2015 of MUNNAR SPECIAL TRIBUNAL

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PETITIONER/PLAINTIFF:

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P.I.ABRAHAM AGED 73 YEARS S/O. P.M.ITTY, MUNNAR MEDICALS, KDH VILLAGE, MUNNAR, DEVIKULAM TALUK.

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BY ADV. SRI.BABU PAUL

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RESPONDENTS/DEFENDANTS:

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1 STATE OF KERALA

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REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DISTRICT COLLECTOR IDUKKI DISTRICT, PAINAVU, IDUKKI-685 603.

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3 MS. TATA GLOBAL BEVERAGES LTD. TATA TEA GENERAL HOSPITAL COMPLEX, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, MUNNAR-685 612.

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4 KDH PLANTATION PVT. LTD. HAVING ITS REGISTERED OFFICE KDHP HOUOSE, NH-49, MUNNAR, KDH VILLAGE, REPRESENTED BY ITS ASST.MANAGER ADMINISTRATION AND LEGAL, MUNNAR, KDH VILLAGE, PIN685 612.

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R3 & R4 BY ADVS. SRI.V.ABRAHAM MARKOS SRI.ABRAHAM JOSEPH MARKOS SRI.BINU MATHEW SRI.ISAAC THOMAS SRI.NOBY THOMAS CYRIAC SRI.TOM THOMAS (KAKKUZHIYIL) R1,R2 BY SENIOR GOVERNMENT PLEADER SRI.M.I.JOHNSON

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P(C) Nos.2665 of 2015 & 3447 of 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 SATHISH NINAN

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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OP(C).No. 3447 of 2018

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PETITIONER/PLAINTIFF:

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P.I. ABRAHAM AGED 74 YEARS, S/O P.M ITTY, MUNNAR MEDICALS, K.D.H VILLAGE, MUNNAR, DEVIKULAM TALUK.

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BY ADV. SRI.BABU PAUL

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RESPONDENTS/DEFENDANTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 2 M/S TATA GLOBAL BEVERAGES LTD. TATA TEA GENERAL HOSPITAL COMPLEX, REPRESENTED BY ITS DEPUTY GENERAL MANAGER, MUNNAR, 685 612.

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R1 BY SENIOR GOVERNMENT PLEADER SRI.M.I.JOHNSON

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P(C) Nos.2665 of 2015 & 3447 of 2018

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Sathish Ninan, J. ==============================

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O.P(C) Nos.2665 of 2015 & 3447 of 2018 ========================== Dated this the 21^st day of December, 2018

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JUDGMENT

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The petitioner is the plaintiff in O.S No.193 of 2015 of the Munsiff's Court, Devikulam. On the constitution of Munnar Special Tribunal, the suit was transferred to the Tribunal and was renumbered as M.T(O.P) No.77 of 2015.

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O.P No.3447 of 2018 is filed seeking the following reliefs:

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“a) Issue an order directing the 2^nd

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respondent Munnar Special Tribunal to

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transfer back M.T(O.P) No.77/15 to the Munsiffs Court, Devikulam.

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b) Issue an order or direction restraining the 3^rd respondent and their men from trespassing into the petitioners property (Building No.MGP X/305, X/306, X/307 of Munnar Grama Panchayath), evicting

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O.P(C) Nos.2665 of 2015 & 3447 of 2018

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him forcibly there from, committing mischief

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or waste therein or otherwise doing any act

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which may disturb the petitioners peaceful

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possession and enjoyment over the property.”

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The Munnar Tribunal has since been abolished as per G.O dated 30.07.2018. Though the Government Order stated that detailed procedures for the transfer/disposal of the pending cases shall be issued, so far no further orders have been issued.

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Section 12 of the Munnar Special Tribunal Act, 2010, reads thus:-

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“12. Cessation of function of the Tribunal — (1) The Government, if it is satisfied that all disputes, either transferred or referred to the Tribunal under this Act have been finally disposed of and functioning of the Tribunal is no more required, may by notification, order cessation of the functioning of the Tribunal and the Tribunal shall thereupon cease to function and in such case it shall be deemed to have been dissolved with effect from the date of the notification.

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(2) All records and other materials of the Tribunal shall on such cessation under sub-section (1) shall be transmitted to the Court and authority concerned and such records shall be deemed to be the part of records of such Courts and authority.”

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O.P(C) Nos.2665 of 2015 & 3447 of 2018

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Since the very Tribunal has been abolished, it is only appropriate that the suit referred to above is sent back to the court from which it was transferred originally.

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Accordingly the original petitions are disposed of directing the Registrar Munnar Special Tribunal to transfer M.T (O.P) No.77 of 2015 to the Mnunsiff's Court, Devikulam without further delay. Interim order dated 4.11.2015 in O.P No.2665 of 2015 shall continue for a further period of two months, in order to enable the parties to work out their remedies before the Munsiff's Court, Devikulam.

Sd/-

SATHISH NINAN

JUDGE

vdv

O.P(C) Nos.2665 of 2015 & 3447 of 2018

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APPENDIX IN O.P(C) 2665/2015

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 P1 : COPY OF THE PLAINT IN OS NO.193/2015 OF MUNSIFF'S COURT, DEVIKULAM NOW TRANSFERRED TO TRIBUNAL AS MTOP NO.77/15. EXHIBIT P2 P2 : COPY OF THE JUDGMENT IN RP NO.732/15 IN RSA NO.578/2005, DTD.15.9.2015. EXHIBIT P3 P3 : COPY OF THE INFORMATION FURNISHED DTD.24.9.2009 UNDER THE RTI ACT BY TAHSILDAR, DEVIKULAM. EXHIBIT P4 P4 : COPY OF THE REPORT DTD.20.8.2009 BY THE VILLAGE OF OFFICER KDH VILLAGE, MUNNAR. EXHIBIT P5 P5 : COPY OF THE SALE DEED NO.1281/2005. EXHIBIT P6 P6 : COPY OF THE ORDER OF STATUS QUO PASSED BY THE HON'BLE SUPREME COURT.

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O.P(C) Nos.2665 of 2015 & 3447 of 2018

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APPENDIX IN O.P(C) 3447/2018

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PETITIONERS' EXHIBITS:

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EXT P1 TRUE COPY OF THE PLAINT IN O.S No.193/2015 OF MUNSIFF'S COURT, DEVIKULAM NOW TRANSFERRED TO TRIBUNAL AS M.T. (O.P) No.77/15.

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EXT P2 TRUE COPY OF THE JUDGMENT IN R.P No.732/15 IN R.S.A No.578/2005 DATED 15.9.2015.

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EXT P3 TRUE COPY OF THE INTERIM ORDER IN O.P(C) No.2665/2015 OF THIS HON'BLE COURT.

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EXT P4 TRUE COPY OF THE ORDER DATED 30.7.2018 ISSUED BY THE 1ST RESPONDENT.

P.I.Abraham v. State of Kerala

Case brief

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P.I.Abraham v. State of Kerala

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