Petitioners sought expedited disposal of C.M.A.No.33/2023 before the Principal Sub Court, Irinjalakuda arising from OS 131/2023. Counsel pressed only for a time-bound disposal; respondents raised no objection. The High Court directed the Sub Court to dispose of the appeal within one month.
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 C. JAYACHANDRAN
MONDAY, THE 15TH DAY OF JANUARY 2024/25TH POUSHA, 1945
OP(C) NO.2572 OF 2023
AGAINST THE ORDER IN IA 2/2023 IN CMA 33/2023 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT,IRINJALAKUDA OS 131/2023 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA
PETITIONERS/APPLICANTS/PETITIONERS/APPELLANTS/RESPONDENTS 3, 4, 5 – DEFENDANTS 2, 3, 4:
1 SUKUMARI, AGED 60 YEARS, W/O.PAMPUMEKATTU MANAYIL SREEHARAN NAMBOOTHIRI, VADAMA VILLAGE/DESOM/PO: CHALAKUDY TALUK, THRISSUR DISTRICT, PIN – 680732.
BY ADV.K.G.BALASUBRAMANIAN
RESPONDENTS/ RESPONDENTS/ RESPONDENTS/ 1ST PETITIONER & RESPONDENTS 1, 2/1ST DEFENDANT & PLAINTIFFS NO.1&2:
1 PARAMESWARAN, AGED 67 YEARS, S/O.ELANGALLUR MANAYIL PURUSHOTHAMAN NAMBOOTHIRI, PRANAVAM NAGAR, OLLUKKARA DESOM/VILLAGE/PO:, THRISSUR TALUK/DISTRICT, PIN – 680655. 2 KANNAM KULANGARA SREE MAHAVISHNU KSHETHRA PRATHISHTA REPRESENTED BY NEXT FRIEND AND GUARDIAN RENJITH, NENMANIKARA VILLAGE, MUKUNDAPURAM TALUK, REPRESENTED BY NEXT FRIEND AND GUARDIAN RENJITH S/O.KURUPUPARAMBIL VEETIL MANIKYAN, AGED 35 YEARS, CHITTISSERY DESOM/PO: ,
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NENMANIKARA VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, (AS ALLEGED IN THE COURT BELOW), PIN – 680301. 3 KANNAM KULANGARA SREE MAHAVISHNU KSHETHRA PRATHISHTA, REPRESENTED BY NEXT FRIEND AND GUARDIAN BIJU, AGED 43 YEARS, SREE MAHAVISHNU KSHETHRA PRATHISHTA, CHITTISSERY DESOM/PO:, NENMANIKARA VILLAGE, MUKUNDAPURAM TALUK, REPRESENTED BY NEXT FRIEND AND GUARDIAN BIJU, S/O.KANNATHUPARAMBIL VEETIL GOPALAN, AGED 43, ERAVAKAD DESOM, NENMANIKARA VILLAGE/PO-680301, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, (AS ALLEGED IN THE COURT BELOW), PIN – 680301. BY ADVS. N.M.MADHU SANTHOSH P.PODUVAL C.S.RAJANI(K/2275/1999) R.RAJITHA(K/870/2005) CHITHRA S.BABU(K/376/2012)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT Dated, this the 15th January, 2024
Although several reliefs are sought for in this Original Petition, when this matter is taken up for consideration today, learned counsel for the petitioners submit that the petitioners are pressing only for an order directing disposal of C.M.A.No.33/2023 within a time frame to be fixed by this Court.
2. Insofar as the above limited prayer is
concerned, the respondents have no objection.
3. In the circumstances, this Court directs the Principal Sub Court, Irinjalakuda to hear and dispose of C.M.A.No.33/2023, within a period of one month from the date of receipt of a copy of this judgment.
This Original Petition is disposed of, as above.
Sd/-
C.JAYACHANDRAN, JUDGE
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APPENDIX OF OP(C) 2572/2023
PETITIONERS' EXHIBITS:
EXHIBIT P1 A TRUE COPY OF PLAINT DATED 23.2.2023 IN OS 131/2023. EXHIBIT P2 A TRUE COPY OF IA 2/2023 IN OS 131/23 DATED 23.2.2023 IN THE COURT BELOW. EXHIBIT P3 A TRUE COPY OF COUNTER DATED 3.3.2023 IA 2/2023 IN OS 131/23 FILED BY R 2, 3 & 4 IN THE SAID INTERIM APPLICATION. EXHIBIT P4 A TRUE COPY OF OBJECTION IN IA 2/23 IN OS 131/23 DATED 10.3.2023 FILED BY 1ST RESPONDENT IN THE SAID INTERIM APPLICATION BEFORE THE COURT BELOW. EXHIBIT P5 A TRUE COPY OF COUNTER AFFIDAVIT DATED 15.3.2023 FILED BY 1ST RESPONDENT IN IA 2/23 IN OS 131/23 BEFORE THE COURT BELOW. EXHIBIT P6 A TRUE COPY OF ROUGH SKETCH AND REPORT FILED DATED 4.3.2023 BY COMMISSIONER IN OS 131/23 IN THE COURT BELOW. EXHIBIT P7 A TRUE COPY OF ORDER DATED 13.4.2023 ON IA 2/2023 IN OS 131/23. EXHIBIT P8 A TRUE COPY OF WRITTEN STATEMENT DATED 10.6.2023 FILED BY D2,3 & 4 IN OS 131/23. EXHIBIT P9 A TRUE COPY OF WRITTEN STATEMENT DATED 8.8.2023 FILED BY 1ST DEFENDANT IN OS 131/23. EXHIBIT P10 A TRUE COPY OF LETTER NO:IA/CDB/E.21/23 DATED 28.4.2023 ISSUED BY STATE PUBLIC INFORMATION OFFICER & ASSISTANT COMMISSIONER (AUDIT), COCHIN DEVASWOM BOARD UNDER RTI ACT. EXHIBIT P11 A TRUE COPY OF IA 13/2023 IN OS 131/23 DATED 11.9.2023 IN THE COURT BELOW.
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EXHIBIT P12 A TRUE COPY OF COUNTER DATED 23.9.2023 FILED BY R3, 4 & 5 TO IA 13/2023 IN OS 131/23 IN THE COURT BELOW. EXHIBIT P13 A TRUE COPY OF ORDER DATED 27.10.2023 ON IA 13/2023 IN OS 131/2023 IN THE COURT BELOW. EXHIBIT P14 A TRUE COPY OF MEMORANDUM OF CMA 33/2023 DATED 31.10.2023 FILED IN THE SUB COURT, IRINJALAKKUDA. EXHIBIT P15 A TRUE COPY OF IA 1/2023 DATED 31.10.2023 IN CMA 33/2023 IN THE COURT BELOW. EXHIBIT P16 A TRUE COPY OF COUNTER DATED 06.11.2023 FILED BY 1ST RESPONDENT TO IA 1/2023 IN CMA 33/2023 IN SUB COURT IRINJALAKKUDA. EXHIBIT P17 A TRUE COPY OF ORDER IN IA 1/23 IN CMA 33/23 DATED 15.11.2023 OF SUB COURT IRINJALAKKUDA.
1 issue framed by the court
Should the Principal Sub Court, Irinjalakuda be directed to hear and dispose of C.M.A.No.33/2023 within a fixed time frame?
Sukumari
Ramachandran
Sasthrasharman
Parameswaran
Kannam Kulangara Sree Mahavishnu Kshethra Prathishta represented by next friend and guardian Renjith
Kannam Kulangara Sree Mahavishnu Kshethra Prathishta represented by next friend and guardian Biju
C. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
