Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 TO CONSIDER AND DISPOSE OF OS 536/2017 OF MUNSIFF COURT, THIRUVALLA PETITIONER/S: THE STATE OVERSEER ,CHURCH OF GOD (FULL GOSPEL) IN INDIA, KERALA STATE (PRESENTLY REV. C. C THOMAS, S/O CHACKO, AGED 63 YEARS, MOUNT ZION, MULAKKUZHA P.O MULAKKUZHA VILLAGE, CHENGANNOOR TALUK PATHANAMTHITTA DISTRICT, PIN - 689505) BY ADVS. ARUN.B.VARGHESE AISWARYA V.S. RESPONDENT/S:
1 THE STATE OF KERALA ,REPRESENTED BY THE DISTRICT COLLECTOR PATHANAMTHITTA, PIN - 689645 2 THE DIRECTOR OF SURVEY ,SURVEY BHAVAN, VAZHUTHACAUD THIRUVANANTHAPURAM, PIN - 605036 3 THE TAHASILDAR ,THIRUVALLA TALUK, REVENUE TOWER THIRUVALLA, PATHANAMTHITTA, PIN - 689101 4 THE VILLAGE OFFICER ,KOIPURAM VILLAGE, KOIPURAM THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689531 5 THE SECRETARY ,KOIPURAM GRAMA PANCHAYATH, KOIPURAM THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689531 6 REJIMON CHACKO ,S/O. CHACKO, AGE NOT KNOWN TO THE PETITIONER ALUMMOOTTIL HOUSE, MUTTUMON P O KOIPURAM VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA, PIN - 689547 BY ADVS. SRI.UNNIKRISHNAN, GOVERNMENT PLEADER - R1 TO R4 ADV. VENUGOPAL.M.R- R5 DHANYA P.ASHOKAN(K/001671/2000) S. MUHAMMAD ALIKHAN(K/000644/2020)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S DIAS,J.
--------------------------- ----------------------------- Dated this the 30th day of March, 2023.
JUDGMENT
The original petition is filed to direct the Court of the Munsiff, Thiruvalla, to consider and dispose of OS No.536/2017 expeditiously.
2. Pursuant to the order dated 21.2.2023 passed
by this Court, the learned Munsiff-in-Charge (JFCM-I, Thiruvalla), by communication dated 28.2.2023, has informed this Court that the suit is filed for declaration of title and consequential reliefs. Issues have not been framed. The suit stands posted for objections to the applications on record. The court below requires four months’ time after the completion of pre-trial steps to dispose of the suit.
3. Heard; Sri.Arun B Varghese, the learned
Counsel appearing for the petitioner, the learned Government Pleader appearing for the respondents 1 to 4 and Sri.M.R Venugopal, the learned counsel appearing for the fifth respondent. Even though notice has been served on the sixth respondent, there is no appearance for him.
4. In the light of the pleadings and materials on
record and after perusing the communication of the learned Munsiff-in-Charge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff-in-Charge (JFCM-I), Thiruvalla, to consider and dispose of OS No.536/2017, in accordance with law and as expeditiously as possible, at any rate within a period of four months after the completion of pre-trial steps. The original petition is ordered accordingly. SD/- sks/30.3.2023 C.S.DIAS, JUDGE APPENDIX OF OP(C) 449/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO. THIRUVALLA Exhibit P2 A TRUE COPY OF ORDER DATED 02.02.2018 IN I.A NO: 4316/2017 IN OS NO: 536/2017 PASSED BY THE LEARNED MUNSIFF THIRUVALLA Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT HEREIN IN O.S NO: 536/2017 BEFORE THE MUNSIFF COURT THIRUVALLA Exhibit P4 A TRUE COPY OF THE PETITION TO REPAIR
BOUNDARY WALL FILED BY THE PLAINTIFF AS I.A. NO. 1/2020 IN O.S. NO. 536/2017 ON THE FILES OF MUNSIFF COURT THIRUVALLA Exhibit P5 A TRUE COPY OF THE CASE STATUS AVAILABLE IN THE OFFICIAL WEBSITE OF THE MUNSIFF COURT, THIRUVALLA