Disposed

Meena Jacob v. Chithra

Kerala HC6 Mar 2019WP(C)/4143/2019

Case brief

AI extract

What is this about?

The court dismissed this writ petition solely by recording the government order dated 25.02.2019, which transferred pending cases from the abolished Munnar Special Tribunal back to respective Civil Courts, thereby resolving the matter without adjudicating merits.

What did the court decide?

Writ petition closed by recording the Government Order transferring cases from the Special Tribunal to Civil Courts.

Meena Jacob Vs Chithra — 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 SHAJI P.CHALY

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WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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WP(C).No. 4143 of 2019

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PETITIONER/S:

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1 MEENA JACOB AGED 62 YEARS W/O.JACOB C MATHEW, HOUSEWIFE, NOW RESIDING AT CHIRAMEL, TULIP, BEEBA REGALIA, NAD.P.O., ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683563.

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2 JACOB C MATHEW AGED 68 YEARS REV C.G.MATHEW, RETIRED, NOW RESIDING AT CHIRAMEL, TULIP, BEEBA REGALIA, NAD.P.O., ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-683563.

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BY ADVS. SRI.M.P.RAMNATH SEI.M.VARGHESE VARGHESE SMT.S.SANDHYA SRI.ANTONY THARIAN SRI.BEPIN PAUL SRI.P.RAJESH (KOTTAKKAL) SRI.S.DEEPAK SRI.SHALU VARGHESE

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RESPONDENT/S:

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1 CHITHRA, W/O.SANTHOSH CHANDY, AGED 42 YEARS, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL, THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621, REPRESENTED BY HER POWER OF ATTORNEY HOLDER AND FATHER IN LAW KOSHY CHANDY, S/O.KOSHY, RETIRED FROM RAILWAY, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL, THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621.

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2 CHANDY, S/O.KOSHY, AGED 79 YEARS, RETIRED FROM RAILWAY, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL,

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WP(C).No. 4143 of 2019 2

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THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621.

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3 RACHEL CHANDY, W/O.K CHANDY, D/O.M.GEORGE AND ESTHER GEORGE, HOUSE WIFE, AGED 73 YEARS, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL, THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621.

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4 SANTHOSH CHANDY, S/O.K.CHANDY, AGED ABOUT 44 YEARS, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL, THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER AND FATHER IN LAW KOSHY CHANDY, S/O.KOSHY, RETIRED FROM RAILWAY, SHANTHINILAYAM, PANNIAR ESTATE.P.O., CHUNDAL, THONDIMALA THAVALAM, POOPPARA VILLAGE, UDUMBANCHOLA TALUK, PIN-685621.

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5 GOVERNMENT OF KERALA, REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001.

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R5 SRI. B VINOD. SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4143 of 2019 3

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JUDGMENT

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This writ petition is filed by the petitioners seeking the following reliefs:-

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a) Issue a writ in the nature of mandamus or such other writs or orders directing the 5^th respondent to forthwith ensure the transmission of the entire records in respect of Ext.P1 suit from the abolished Munnar Special Tribunal to the Hon'ble Munsiff's Court, Devikulam, and a date for appearance before the Hon'ble Munisff's Court may also be fixed, for the court to thereafter proceed with the case in accordance with law.

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b) Grant such other reliefs as this Hon'ble court may deem fit to grant in the facts and circumstances of the case.

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c) Award the cost of this Writ petition.

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Apparently the issue relates to the

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transfer of the pending cases from various Civil Courts to the Special Tribunal constituted for Munnar cases. Later the Government has decided to scrap the Tribunal and accordingly an order is now passed by the Government dated 25.02.2019, whereby all the pending cases are directed to be transferred

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WP(C).No. 4143 of 2019 4

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to the respective Civil Courts, that was exactly the

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reliefs sought for by the petitioners.

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think anything survives to be considered on the merits of the matter. The Government Order as specified above is recorded and the writ petition is closed accordingly.

Sd/-

SHAJI P.CHALY

JUDGE

Hmh

WP(C).No. 4143 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE PHOTO COPY OF THE PLAINT IN OS.NO.265/2015 BEFORE HON'BLE MUNSIFF'S COURT, DEVIKULAM, NOW PENDING AS MTOP NO.95/2015 BEFORE THE HON'BLE MUNNAR SPECIAL TRIBUNAL. EXHIBIT P2 TRUE PHOTOCOPY OF THE INTERIM INJUNCTION ORDER DATED 31.8.2015 IN I.A.NO.1021/2015 WITH THE INJUNCTION SCHEDULE ATTACHED THEREWITH IN MTOP NO.95/2015 PASSED BY THE HON'BLE MUNNAR SPECIAL TRIBUNAL. EXHIBIT P3 TRUE PHOTO COPY OF THE INTERIM ORDER DATED 5.4.2018 IN WPC.NO.11382/2018 OF THIS HON'BLE COURT. EXHIBIT P4 TRUE PHOTOCOPY OF THE FINAL JUDGMENT DATED 6.6.2018 IN WPC.NO.11382/2018 OF THIS HON'BLE COURT. EXHIBIT P5 TRUE PHOTO COPY OF THE NOTIFICATION GO(MS)NO.124/2018/HOME OF THE 5TH RESPONDENT DATED 30.7.2018.

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RESPONDENT'S/S EXHIBITS: NIL

Meena Jacob v. Chithra

Case brief

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Meena Jacob v. Chithra

Case brief

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