Disposed

Parisa Ismail v. P.P.Ismial

Kerala HC22 May 2019OP(C)/1003/2019

Case brief

AI extract

What is this about?

The court disposed of a petition seeking a direction for expeditious consideration of a statutory enquiry. The judge held that notice to the respondent should be dispensed with to ensure benefits to both sides and directed the lower court to complete the proceedings within two months.

What did the court decide?

Dispensed with notice to respondent; directed lower court to complete proceedings within two months.

Parisa Ismail Vs P.P.Ismial — Civil Procedure and Limitation | Kerala HC (2019)

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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 SUNIL THOMAS

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WEDNESDAY, THE 22ND DAY OF MAY 2019 / 1ST JYAISHTA, 1941

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OP(C).No. 1003 of 2019

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AGAINST THE ORDER/JUDGMENT IN OP (M&H) 37/2018 of DISTRICT COURT & SESSIONS COURT,KOTTAYAM

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PETITIONER:

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PARISA ISMAIL, AGED 56 YEARS, W/O. ISMAIL, THIRICHICHATTUPURAYIL, PERIYAR VILLAGE, VANDIPERIYAR P.O.

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BY ADVS.

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SRI.ALEX.M.SCARIA SMT.SARITHA THOMAS

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RESPONDENT:

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1 P.P.ISMIAL, S/O. PAREEDU KANNU, PUTHUPARAMBIL HOUSE, KANJIRAPALLY VILLAGE,KANJIRAPALLY 686 507.

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2 P.P. ANSARI,

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S/O. PAREED KANNU, MUKRIKKADU HOUSE, KANJIRAPALLY VILLAGE, KANJIRAPALLY 686 507.

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3 FATHIMA BEEVI,

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W/O. PAREED KUNJU, MUKRIKKADU HOUSE, KANJIRAPALLY VILLAGE, KANJIRAPALLY 686 507.

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4 ZEENATH NAZAR,

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W/O. NAZAR, NAVAZ, MANZIL, KOTTAYAM VILLAGE, THAZHATHANGADI, KOTTAYAM 686 005.

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5 SAHIDA ZAKEER,

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W/O. ZAKEER,

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PARACKAL, KANJIRAPALLY VILLAGE, KANJIRAPALLY P.O., 686507.

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6 SHEEJA SABEER,

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W/O. SABEER, THAIMADATHIL OLD M.C. ROAD, ETTUMANOOR VILLAGE KOTAYAM 686 631.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 1003 of 2019

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JUDGMENT

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The limited relief sought by the petitioner

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herein is for a direction to the Court below for an expeditious consideration of the statutory enquiry as per Ext.P4.

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2. Pursuant to the direction issued from this

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Court, the learned Additional District and Sessions Judge – I, by his communication dated 20.05.2019 has undertaken to dispose of the matter on merits within two months. Having considered the limited relief sought by the petitioner and the limited relief that is proposed to be granted, I feel that the notice to the respondent is liable to be

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dispensed with, since any direction for an expeditious trial of the matter can only enure to the benefit of both sides.

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3. Accordingly, I am inclined to dispose of the original petition itself, directing the Court

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below to complete the above proceedings as

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OP(C).No. 1003 of 2019

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undertaken, as expeditiously as possible, at any

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rate within a period of two months from the date of

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a receipt of the copy of this judgment.

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The original petition (civil) is disposed of as

above.

Sd/-

SUNIL THOMAS

JUDGE

VPK

OP(C).No. 1003 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE M.H.O P 37/2018. EXHIBIT P2 TRUE COPY OF THE REVIEW PETITION. EXHIBIT P3 THE RELEVANT PROVISION OF SECTION 126 OF THE MENTAL HEALTH CARE ACT 2017. EXHIBIT P4 TRUE COPY OF THE I.A. 327/2018

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//TRUE COPY //

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PA TO JUDGE

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VPK

Parisa Ismail v. P.P.Ismial

Case brief

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Parisa Ismail v. P.P.Ismial

Case brief

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