The Court disposed of a writ petition challenging execution proceedings. It directed the execution court at Principal Munsiff Court, Kollam, to consider the petitioners' objection application and pass orders within four weeks.
Directed the execution court to consider the objection application and pass orders within four weeks.
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 A.MUHAMED MUSTAQUE
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941
WP(C).No.453 OF 2020(F)
PETITIONERS:
1 GENERAL SECRETARY, KOLLAM TALUK KASUVANDI WORKERS UNION (CITU), CITU BHAVAN, KOLLAM-691013.
4 GENERAL SECRETARY, ALL KERALA FACTORY WORKERS FEDERATION (UTUC), RSP OFFICE, KOLLAM-13.
BY ADV. SRI.MURALI MADANTHACODU
RESPONDENTS:
1 GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES (K), SECRETARIAT, THIRUVANANTHAPURAM-695001.
FACTORY NO.27, ERAVIPURAM FACTORY, KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., ERAVIPURAM.P.O., KOLLAM-691018.
W.P.(C) No.453/2020
2
7 D.SUMATHY, W/O.SIVADASAN, KIZHAKKE VILA MEKKA VEEDU, MANGAD, KOLLAM NOW RESIDING AT JAYANTHY HOUSE, NADAKKAVU, KATCHERY VILLAGE, KOZHIKKODU-673011.
R5 BY ADV. SRI.VIPIN P.VARGHESE R5 BY ADV. SHRI.S.K.KASHYAP R9 BY ADV. SRI.ARUN BABU
OTHER PRESENT:
SRI.S GOPINATHAN, SENIOR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.453/2020
3
JUDGMENT
Dated this the 12th day of February 2020
This writ petition is filed challenging the execution proceedings on
the file of Principal Munsiff Court, Kollam. The petitioners already invoked the remedy before the execution court by filing an execution application raising objection to the execution.
If that be so, the execution court is directed to consider and pass orders on such application within a period of four weeks.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
smp
W.P.(C) No.453/2020
4
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE KERALA CASHEW FACTORIES (ACQUISITION) AMENDMENT ACT, AND SCHEDULE II. EXHIBIT P2 TRUE COPY OF THE ORDER OF THE COURT OF PRINCIPAL MUNSIFF, KOLLAM DATED 14.1.11. EXHIBIT P3 TRUE COPY OF ORDER OF HON'BLE HIGH COURT OF KERALA DATED 14.2.2017 IN OP(C)NO.50/2016. EXHIBIT P4 TRUE COPY OF THE EVICTION ORDER OF THE COURT OF PRINCIPAL MUNSIFF, KOLLAM DATED 11.12.2019. EXHIBIT P5 TRUE COPY OF THE LETTER DATED 19.12.2016 AND LIST OF FACTORIES OF THE 5TH RESPONDENT SUBMITTED TO THE 2ND RESPONDENT. EXHIBIT P6 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 26.6.2018. EXHIBIT P7 TRUE COPY OF LETTER OF THE 2ND RESPONDENT DATED 17.9.2019 ISSUED TO THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS SUBMITTED TO THE 2ND RESPONDENT DATED 17.12.2019. EXHIBIT P9 A TRUE COPY OF THE CLAIM PETITION TOGETHER FILED BEFORE THE MUNSIFFS COURT, KOLLAM TOGETHER WITH AFFIDAVIT
RESPONDENT'S EXHIBITS:
EXHIBIT R5(1) THE TRUE COPY OF THE LEASE DEED EXHIBIT R5(2) THE TRUE COPY OF THE SKETCH OF THE FACTORY PREMISES EXHIBIT R5(3) THE TRUE COPY OF THE VALUATION REPORT SUBMITTED BY THE DISTRICT COLLECTOR DATED 11.11.2016
True Copy
P.S to Judge
smp
1 issue framed by the court
Whether the writ petition should be disposed of by directing the execution court to consider the objection application within a specified time.
General Secretary, Kollam Taluk Kasuvandi Workers Union (CITU)
General Secretary, Vadakkevila Kasuvandi Thoฒิālāl Council (AITUC)
Government of Kerala
District Collector, Kollam
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
