Ajikumar vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 28, 2023

~3 min read

https://sooperkanoon.com/case/1336644

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1336644
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Feb 28, 2023
Case Number: OP(C)/301/2023

Parties & Advocates

Appellant / Petitioner

Ajikumar

Respondent

State of Kerala

Excerpt

.....by communication dated 09.02.2023, has informed this court that i.a. no.3/2022 is filed for an order of injunction. the court below requires one month’s time to dispose of the application.3. heard; sri.n.n.sasi., the learned counselappearing for the petitioners, sri. r. gireesh varma, the learned counsel appearing for the respondents 2 and 3, the learned government pleader appearing for the respondents 1 and 4 to 6 and sri. t.p. pradeep, the learned counsel appearing for the 7th respondent.4. in the light of the pleadings and materials onrecord and after perusing the communication of the op(c) no. 301 of 2023 4 learned munsiff, in exercise of the supervisory powers of this court under article 227 of the constitution of india, i direct the court of the munsiff, chengannur, to consider and dispose of i.a. no.3/2022 in o.s. no.101/2022, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from today. the original petition is ordered accordingly. sd/- c.s.dias, judge rmm28/02/2023 op(c) no. 301 of 2023 5 appendix of op(c) 301/2023 petitioner exhibits exhibit p1 the true copy of the plaint in o.s. no. court, chengannur exhibit p2 the true copy of the interim injunction petition i.a. no.3/2022 dated 24-05-2022 of the munsiff court, chengannur exhibit p3 the true copy of the objection of 4th respondent dated 01-08-202 exhibit p4 a true copy of the notice dated 30-11- 2022 issued by the 6th respondent exhibit p5 a true copy of the case status (a dairy) of the suit o.s. no.101/2022 dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 28TH DAY OF FEBRUARY 2023 / 9TH PHALGUNA, 1944 OP(C) NO. 301 OF 2023 I.A. NO.3/2022 IN OS 101/2022 OF MUNSIFF COURT,CHENGANNUR PETITIONERS/PETITIONERS: 1 AJIKUMAR AGED 48 YEARS S/O. SREEDHARAN KIDANGIL HOUSE, KUTTAMPEROOR.P.O. MANNAR, ALAPPUZHA, PIN - 689623 2 VISALA AGED 40 YEARS W/O. AJIKUMAR KIDANGIL HOUSE, KUTTAMPEROOR.P.O. MANNAR, ALAPPUZHA,, PIN - 689623 3 LATHA VIJAYAN AGED 47 YEARS VIJAYABHAVANAM, VALIYAKULANGARA.P. O. MANANR VILLAGE, CHENGANNUR TALUK., PIN - 689623 BY ADV N.N.SASI RESPONDENTS/RESPONDENTS/ADDITIONAL RESPONDENT 7 : 1 STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, ALLEPPEY - 688001 2 MANNAR GRAMA PANCHAYATH, REPRESENTED BY SECRETARY, MANNAR.P.O., CHENGANNUR TALUK, ALAPPUZHA,, PIN - 689622
3 THE SECRETARY MANNAR GRAMA PANCHAYATH, MANNAR.P.O., CHENGANNUR, ALAPPUZHA,, PIN - 689622 4 TAHSILDAR, TALUK OFFICE (L.R) CHENGANNUR.P.O., ALAPPUZHA DISTRICT, PIN - 689121 5 VILLAGE OFFICER VILLAGE OFFICE MANNAR.P.O., ALAPPUZHA DISTRICT,, PIN - OP(C) NO. 301 OF 2023 2 6 REVENUE DIVISIONAL OFFICER CHENGANOOR P.O, ALAPPUZHA DISTRICT, PIN - 689121 7 SREEJITH. R AGED 37 YEARS S/O RAVENDRAN, PULLAMADATHIL, KUTTAMPEROOR P.O, MANNAR, ALAPPUZHA, PIN - 689623

BY ADVS SRI R.GIREESH VARMA SRI. T.P. PRADEEP OTHER PRESENT: GOVERNMENT PLEADER SMT. SYLAJA S L THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 301 OF 2023 3 Dated this the 28th day of February, 2023

JUDGMENT

The original petition is filed to direct the Court of Munsiff, Chengannur, to consider and dispose of I.A. No.3/2022 in O.S. No.101/2022 within a reasonable time period.

2. Pursuant to the order dated 06.02.2023 passed by

this Court, the learned Munsiff, by communication dated 09.02.2023, has informed this Court that I.A. No.3/2022 is filed for an order of injunction. The court below requires one month’s time to dispose of the application.

3. Heard; Sri.N.N.Sasi., the learned counsel

appearing for the petitioners, Sri. R. Gireesh Varma, the learned counsel appearing for the respondents 2 and 3, the learned Government pleader appearing for the respondents 1 and 4 to 6 and Sri. T.P. Pradeep, the learned counsel appearing for the 7th respondent.

4. In the light of the pleadings and materials on

record and after perusing the communication of the OP(C) NO. 301 OF 2023 4 learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Chengannur, to consider and dispose of I.A. No.3/2022 in O.S. No.101/2022, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from today. The original petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rmm28/02/2023 OP(C) NO. 301 OF 2023 5 APPENDIX OF OP(C) 301/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S. NO. COURT, CHENGANNUR Exhibit P2 THE TRUE COPY OF THE INTERIM INJUNCTION PETITION I.A. NO.3/2022 DATED 24-05-2022 OF THE MUNSIFF COURT, CHENGANNUR Exhibit P3 THE TRUE COPY OF THE OBJECTION OF 4TH RESPONDENT DATED 01-08-202 Exhibit P4 A TRUE COPY OF THE NOTICE DATED 30-11- 2022 ISSUED BY THE 6TH RESPONDENT Exhibit P5 A TRUE COPY OF THE CASE STATUS (A DAIRY) OF THE SUIT O.S. NO.101/2022 DATED

Same Court & Year Kerala · 2023 Same Parties Ajikumar vs State of Kerala Same Judge Honourable Mr.Justice C.S.Dias