State petitioners sought expedition of the trial of O.S. No.26/2016 before the Munsiff Court, Kayamkulam, arising from re-survey-related proceedings. The High Court directed the learned Munsiff to expedite the trial and disposal of the suit, noting that construction of a Government building was stalled.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
OP(C) NO. 1336 OF 2021
AGAINST THE ORDER DATED IN CMA NO.54 OF 2016 OF ADDITIONAL DISTRICT
COURT-I,MAVELIKKARA ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.26
OF 2016 OF MUNSIFF COURT,KAYAMKULAM
PETITIONERS/DEFENDANTS:
1 STATE OF KERALAREPRESENTED BY THE DISTRICT COLLECTOR, ALAPPUZHA.
2 THE ASSISTANT DIRECTORRE-SURVEY OFFICE, CHENGANNUR.
3 THE SURVEY SUPERINTENDENT RE-SURVEY, ALAPPUZHA.4 THE TAHSILDAR KARTHIKAPPALLY.5 THE VILLAGE OFFICER KRISHNAPURAM.BY ADV. ASHWIN SETHUMADHAVAN, SR. GOVERNMENT PLEADER
RESPONDENTS / PLAINTIFFS:
1CHELLAMMA (DIED)
D/O.KARTHIYANI AMMA, BHASKARA BHAVANATH HOUSE, KRISHNAPURAM
MURI, KRISHNAPURAM VILLAGE - 690 533.
*ADDL R2RAMESAN
THACHAYIL, KAPPILMEKKU, KRISHNAPURAM 690533
*ADDL R3MURUKESAN
BHASKARA BHAVANAM, KAPPILMEKKU, KRISHNAPURAM 690533
*ADDL R4CHANDRIKAMMA
VIPANCHIKA, T.C -68 90/ARA, MANACAUD P O, THIRUVANANTHAPURAM
690533
*(ADDITIONAL RESPONDENT 2 TO 4 ARE IMPLEADED AS THE LEGAL
REPRESENTATIVE OF DECEASED SOLE RESPONDENT VIDE ORDER DATED
08.07.2022 IN I.A.NO:1/2022)
BY ADVS.
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
O.P.(C.) No.1336 of 2021
2
C.PURUSHOTHAMAN NAIR
NITHEESH.M
ANIL KUMAR K.N.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.1336 of 2021
3
C.JAYACHANDRAN, J.
O.P.(C.) No.1336 of 2021
Dated this the 04th day of March, 2024
JUDGMENT
Inasmuch as there is already an order in O.S. No.1107/2022, the learned Munsiff will expedite the trial and disposal of the suit, O.S. No.26/2016 particulary in view of the fact that the construction of the Government building is stalled.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/04-03
O.P.(C.) No.1336 of 2021
4
APPENDIX OF OP(C) 1336/2021
PETITION |
ERS’ |
EXHIBITS: |
|||||
|---|---|---|---|---|---|---|---|
EXHIBIT |
P1 |
TRUEMUNSIO.S.N |
COPYFFO.26/ |
OF THE ORDERCOURTIN2016 DATED 19 |
DATEDI.A/06/201 |
09/09/2016 OF.NO.156/20167. |
THEIN |
EXHIBIT |
P2 |
TRUEADDITC.M.A |
COPYIONAL.NO.5 |
OF THE ORDDISTRICT4/2016. |
ER DATCOURT, |
ED 19/06/2017MAVELIKKARA |
OFIN |
EXHIBIT |
P3 |
COPY12/10 |
OF/2018 |
PROCEEDINGSTO 25/02/202 |
OF MU1. |
NSIFF COURT |
FROM |
RESPONDE |
NTS' |
EXHIBITS:NIL |
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Should the Munsiff Court expedite trial and disposal of O.S. No.26/2016 in view of an order in O.S. No.1107/2022 and stalled construction of a Government building?
State of Kerala
The Assistant Director Re-Survey Office, Chengannur
The Survey Superintendent Re-Survey, Alappuzha
The Tahsildar Karthikappally
The Village Officer Krishnapuram
Chellamma (died), represented by legal heirs Ramesan, Murukesan and Chandrikamma
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court