Disposed

K.v.Cheriyan v. the State of Kerala

Kerala HC21 May 2019OP(C)/1376/2019

Case brief

AI extract

What is this about?

The Kerala High Court refused to direct a time-bound disposal of an interlocutory injunction application in a suit for prohibitory injunction regarding land support, noting the pendency year was 2019 and data was unavailable. However, the court empowered the lower court to consider the matter expeditiously without unnecessary adjournments.

What did the court decide?

The petitioners were directed to place urgency before the lower court, which was directed to consider the IA expeditiously without unnecessary adjournments.

K.v.Cheriyan Vs the State of Kerala — 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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TUESDAY, THE 21ST DAY OF MAY 2019 / 31ST VAISAKHA, 1941

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OP(C).No. 1376 of 2019

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AGAINST THE ORDER/JUDGMENT IN OS 16/2019 of MUNSIFF COURT, CHANGANACHERRY

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PETITIONER/PLAINTIFF:

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1 K.V.CHERIYAN AGED 73 YEARS S/O.LATE VARGHESE, KALAPPURACKAL HOUSE, NALUNNAKKAL P.O, THOTTAKKAD VILLAGE, CHANGANACHERRY TALUK,

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2 SAJIMON P, AGED 54 YEARS

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S/O.LATE P.M. JOSEPH, PUNNASSERIL,NALUNNAKKAL P.O, THOTTAKKAD VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM.

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BY ADV. SRI.C.S.MANILAL

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RESPONDENT/DEFENDANTS:

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1 THE STATE OF KERALA

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REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE P.O, MUTTAMBALAM VILLAGE, KOTTAYAM.

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2 THE MADAPPALLY BLOCK PANCHAYATH, MADAPPALLAY, KOTTAYAM DISTRICT, REPRESENTED BY THE BLOCK DEVELOPMENT OFFICER, PIN-686546.

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3 VAKATHANAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VAKATHANAM, KOTTAYAM DISTRICT-656838.

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4 TOMY DEVASIA, S/O. DEVASYA, AGED 47 YEARS, NEDIAMPACKACHIRA HOUSE, PULIMKUNNU P.O, PULINKUNNU VILLAGE, ALLEPPEY DISTRICT-688501.

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5 BIJU THOMAS, S/O. THOMAS, AGED 47 YEARS, I.N.R. P.O, PALLATHUSSERIYIL HOUSE, CHANGANACHERRY VILLAGE, CHANGANACHERRY-688502.

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OTHER PRESENT:

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GP SRI.DILIP.S

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O.P(C).1376/19

JUDGMENT

Petitioners herein are the plaintiffs in O.S.No.16 of 2019 of the Munsiff Court, Changanassery, which is a suit for permanent prohibitory injunction to restrain the defendants from withdrawing the lateral support by excavating the land near the property of the Church, of which, petitioners are the parish members.

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The grievance of the petitioners herein is that, though the Advocate Commissioner has inspected the property and filed a detailed report, the hearing is being adjourned, essentially because the Government is seeking adjournments. Learned counsel for the petitioners sought for a direction to the court below for a time bound disposal of the interlocutory application for injunction in the above suit.

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Since the suit is of the year 2019 and since this Court does not have the advantage of evaluating the data of pendency of cases in that Court, I am not inclined to give a direction for a time bound disposal of the IA. However, petitioners herein will be free to place the urgency before the court below and the court below shall take up the consideration of the interlocutory application as expeditiously as possible, without granting unnecessary adjournments to the respondents.

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Original petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

Sbna

O.P(C).1376/19

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.16/2019 ON THE FILE OF MUNSIFF COURT, CHANGANACHERRY. EXHIBIT P2 TRUE COPY OF THE ROUGH SKETCH REGARDING THE PROPERTY. EXHIBIT P3 TRUE COPY OF THE INJUNCTION APPLICATION WITH AFFIDAVIT IN OS NO.16/2019. EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR APPOINTMENT OF COMMISSIONER. EXHIBIT P5 TRUE COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER. EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE GEOLOGIST DATED 4/5/2019.

K.v.Cheriyan v. the State of Kerala

Case brief

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K.v.Cheriyan v. the State of Kerala

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