Disposed
Piravom Municipality v. Thampi Yohannan
Kerala HCOP(C)/1391/2019
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
AI extract
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
OP(C).No.1391 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 421/2016 OF SUB COURT, MUVATTUPUZHA
AGAINST THE ORDER/JUDGMENT IN OS 421/2016 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
PIRAVOM MUNICIPALITY
REP. BY ITS MUNICIPAL SECRETARY, MUNICIPAL OFFICE, PIRAVOM.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENTS/PETITIONER AND 2ND RESPONDENT/PLAINTIFF AND THE 2ND DEFENDANT:
1 THAMPI YOHANNAN,
S/O.YOHANNAN, PARIYARATH HOUSE, PAZHOOR KARA, PIRAVOM VILLAGE, MUVATTUPUZHA-686664.
2 ERNAKULAM JILLA PANCHAYATH, KAKKANAD, ERNAKULAM, REPRESENTED BY ITS SECRETARY, PIN-682030.
R1 BY ADV. SRI.JOSEPH GEORGE R1 BY ADV. SRI.JIBU P THOMAS R2 BY SRI.M.I.JOHNSON, SENIOR GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(C).2785/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-2-
OP(C).Nos.1391 & 2785 OF 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
THURSDAY, THE 14TH DAY OF NOVEMBER 2019/23RD KARTHIKA, 1941
OP(C).No.2785 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 421/2016 DATED 15-02-2019 OF MUNSIFF COURT,MUVATTUPUZHA
PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
PIRAVOM MUNICIPALITY, REP. BY ITS MUNICIPAL SECRETARY, MUNICIPAL OFFICE, PIRAVOM.
BY ADV. SRI.GEORGE SEBASTIAN
RESPONDENTS/PETITIONER AND 2ND RESPONDENT/PLAINTIFF AND THE 2ND DEFENDANT:
1 THAMPI YOHANNAN, S/O.YOHANNAN, PARIYARATH HOUSE, PAZHOOR KARA, PIRAVOM VILLAGE, MUVATTUPUZHA- 686664.
2 ERNAKULAM JILLA PANCHAYATH, KAKKANAD, ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN- 682030.
R1 BY ADV. SRI.JOSEPH GEORGE R1 BY ADV. SRI.JIBU P THOMAS R2 BY SRI.M.I.JOHNSON, SENIOR GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 14.11.2019, ALONG WITH OP(C).1391/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
-3-
OP(C).Nos.1391 & 2785 OF 2019
JUDGMENT
It has been submitted by the learned Advocates on both sides that C.M.A.Nos.11/2019 and 13/2019 are
ripe for hearing.
as possible and at any rate within 30 days from the date of receipt/production of a copy of this judgment. Till then, the interim order passed by this Court in O.P.(C).No.1391/2019 will continue.
These original petitions stand disposed of as above.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
Nkr/14.11.19
-4-
OP(C).Nos.1391 & 2785 OF 2019
APPENDIX OF OP(C) 1391/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P3 A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR INTERIM INJUNCTION (I.A.NO.2467/2016 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA). EXHIBIT P4 A TRUE COPY OF THE COMMISSION REPORT DATED 25.8.2016 ALONG WITH THE SKETCH SUBMITTED IN I.A.NO.2468/2016 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P5 A TRUE COPY OF I.A.NO.1895/2018 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P6 A TRUE COPY OF THE OBJECTION DATED 08.11.2018 SUBMITTED BY THE PETITIONER IN I.A.NO.1895/2018 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P7 A TRUE COPY OF THE PETITION IN I.A.NO.3021/2016 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA EXHIBIT P8 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER HEREIN IN I.A.NO.3021/2016 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P9 A TRUE COPY OF THE COMMON ORDER DATED 15.02.2019 IN I.A.NO.3021/2016 AND I.A.NO.1895/2018 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
-5-
OP(C).Nos.1391 & 2785 OF 2019
C.M.A.13/2019 OF THE SUB COURT, MUVATTUPUZHA FILED BY THE PETITIONER AGAINST THE ORDER DATED 15.02.2019 IN I.A.NO.1895/2018 OF O.A.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P11 A TRUE COPY OF THE PETITION (I.A.NO.531/2019 IN C.M.A.NO.13/2019 OF THE SUB COURT, MUVATTUPUZHA). EXHIBIT P12 A TRUE COPY OF THE PETITION (I.A.NO.532/2019 IN C.M.A.NO.13/2019 OF THE SUB COURT, MUVATTUPUZHA EXHIBIT P13 A TRUE COPY OF THE APPEAL MEMORANDUM IN C.M.A.NO.11/2019 OF THE SUB COURT, MUVATTUPUZHA. EXHIBIT P14 A TRUE COPY OF THE PETITION TO CONDONE THE DELAY (I.A.NO.507/2019 IN C.M.A.11/2019 OF THE SUB COURT, MUVATTUPUZHA). EXHIBIT P15 A TRUE COPY OF THE STAY PETITION (I.A.NO.506/2019 IN C.M.A.NO.11/2019 OF THE SUB COURT, MUVATTUPUZHA). EXHIBIT P16 A TRUE COPY OF THE COMMISSION REPORT DATED 14.11.2016 IN I.A.NO.3024/2016 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P17 A TRUE COPY OF THE OBJECTION DATED 02.12.2016 FILED BY THE PETITIONER TO THE COMMISSION REPORT FILED IN I.A.NO.3024/2016 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
RESPONDENT'S EXHIBITS: NIL
-6-
OP(C).Nos.1391 & 2785 OF 2019
APPENDIX OF OP(C) 2785/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
EXHIBIT P3 A TRUE COPY OF THE INTERLOCUTORY APPLICATION FOR INTERIM INJUNCTION (I.A.NO.2467/2016 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA).
EXHIBIT P4 A TRUE COPY OF THE COMMISSION REPORT DATED 25.08.2016 ALONG WITH THE SKETCH SUBMITTED IN I.A.NO.2468/2016 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA.
EXHIBIT P5 A TRUE COPY OF I.A.NO.1895/2018 IN O.S.NO.421/2016 OF MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P6 A TRUE COPY OF THE OBJECTION DATED 08.11.2018 SUBMITTED BY THE PETITIONER IN I.A.NO.1895/2018 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXHIBIT P7 A TRUE COPY OF THE COMMON ORDER DATED 15.02.2019 IN I.A.NO.3021/2016 AND I.A.NO.1895/2018 IN O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
EXHIBIT P8 A TRUE COPY OF THE APPEAL MEMORANDUM IN C.M.A.13/2019 OF THE SUB COURT, MUVATTUPUZHA FILED BY THE PETITIONER AGAINST THE ORDER DATED 15.02.2019 IN I.A.NO.1895/2018 OF O.S.NO.421/2016 OF THE MUNSIFF COURT, MUVATTUPUZHA.
-7-
OP(C).Nos.1391 & 2785 OF 2019
EXHIBIT P9 A TRUE COPY OF THE PETITION (I.A.NO.531/2019 IN C.M.A.NO.13/2019 OF THE SUB COURT, MUVATTUPUZHA). EXHIBIT P10 A TRUE COPY OF THE PETITION (I.A.NO.532/2019 IN C.M.A.NO.13/2019 OF THE SUB COURT, MUVATTUPUZHA).
RESPONDENT'S EXHIBITS: NIL
PIRAVOM MUNICIPALITY
1 THAMPI YOHANNAN
ERNAKULAM JILLA PANCHAYATH
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court