Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942 AGAINST THE ORDER/JUDGMENT IN OS 589/2019 DATED 08-07-2019 OF PRINCIPAL MUNSIFF COURT, IRINJALAKUDA PETITIONER/S:
1 LAZAR AGED 55 YEARS S/O. KANNATH THOMAS, RESIDING AT KANNATH HOSE, THORAVU VILLAGE, PUTHUKKAD DESOM, PUTHUKKAD P.O. MUKUNDAPURAM 680 301. 2 LAJU XAVIER, AGED 53 YEARS S/O. KANNATH FRANCIS, RESIDING AT KANNATH HOUSE, THORAVU VILLAGE, PUTHUKKAD DESOM, PUTHUKKAD P.O. MUKUNDAPURAM 680 301. 3 MAREENA JOHN, AGED 69 YEARS W/O. KANNATH JOHN, RESIDING AT KANNATH HOUSE, THORAVU VILLAGE, PUTHUKKAD DESOM, PUTHUKKAD P.O. MUKUNDAPURAM 680 301.
BY ADVS. SRI.P.T.MOHANKUMAR SRI.GEORGE CHERIAN SRI.RAJESH CHERIAN KARIPPARAMBIL RESPONDENT/S: 1 THE SUPERINTENDING ENGINEER PWD ROADS DIVISION, CENTRAL CIRCLE, ALUVA, ALUVA P.O. 683 101. 2 EXECUTIVE ENGINEER, PWD ROADS DIVISION, THRISSUR, THRISSUR P.O. 680 020. SYAMJIRAM -G.P THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 9th day of September 2020 The petitioners are the plaintiffs in O.S.No.589/2019 pending before the Munsiff Court, Irinjalakuda. They have approached this court for a direction to the Sub Judge, Irinjalakuda where their appeal is pending as CMA No.45/2019, for a speedy disposal, in accordance with law.
2. Heard the learned counsel for the petitioners as well the learned Government Pleader.
3. It is to be noted that the learned Munsiff
as per an order dated 08.07.2019 disposed of an I.A for interim injunction filed by these petitioners. Immediately after the disposal of the interim injunction petition by the learned Munsiff, these
petitioners have filed appeal challenging the order
and now it is pending before the Sub court, Irinjalakuda. The limited prayer sought for by the petitioners is only a direction for speedy disposal of the same. As CMA is of the year 2019, there is some justification for the request made by the petitioners. Therefore, this petition can be disposed of directing the learned Sub Judge, Irinjalakuda to dispose of CMA No.45/2019 pending before that Court at an early date, at any rate, within a period of two months from the date of receipt of a copy of this
judgment.
Accordingly, this O.P.(C) is disposed of. Sd/- SHIRCY V. JUDGE SMA APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE PLAINT, IN OS 589/2019 IN THE FILE OF THE MUNSIFF OF IRINJALAKUDA DATED 27.05.2019. EXHIBIT P2 NIL EXHIBIT P2 (A) TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO. 3 TO THE 1ST PETITIONER UNDER RULE 13A OF THE KERALA LAND CONSERVANCY RULES DATED 22.05.2019. EXHIBIT P2 (B) TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO. 3 TO THE 1ST PETITIONER UNDER RULE 13A OF THE KERALA LAND CONSERVANCY RULES DATED 22.05.2019.
EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE RESPONDENT NO 3O TO THE 1ST PETITIONER, DATED 30.07.2020. EXHIBIT P4 TRUE COPY OF THE COMMUNICATION OF THE ADDITIONAL GOVERNMENT PLEADER TO THE 4TH RESPONDENT DATED 29.05.2020. EXHIBIT P5 TRUE COPY OF THE SCREEN SHOT OF THE OFFICIAL FACE BOOK PAGE OF THE DISTRICT COLLECTOR, DATED 24.07.2020. EXHIBIT P6 TRUE COPY OF THE E MAIL COMMUNICATION
FROM THE LAWYER OF THE PETITIONERS APPEARING BEFORE THE LOWER COURT TO THE COUNSEL FOR THE PETITIONERS DATED 01.08.2020.
EXHIBIT P7 THE ORDER PASSED BY THE MUNSIFF OF IRINJALAKUDA IN IA 1978/2019 IN OS NO.589/2019 EXHIBIT P8 THE NOTICE ISSUED BY THIRD RESPONDENT TO THE SECOND PETITIONER UNDER RULE 13 A OF THE KERALA LAND CONSERVANCY RULES EXHIBIT P9 THE NOTICE ISSUED BY THIRD RESPONDENT TO THE THIRD PETITIONER UNDER RULE 13 A OF THE KERALA LAND CONSERVANCY RULES EXHIBIT P10 TRUE COPY OF THE COMMISSION REPORT IN 1A NO.1979/2019 IN OS NO.589/2019 SUBMITTED BY THE ADVOCATE COMMISSIONER EXHIBIT P11 TRUE COPY OF THE ROUGH SKETCH PREPARED BY THE ADVOCATE COMMISSIONER IN O.S NO RESPONDENT(S)' EXHIBITS :- NIL //TRUE COPY// PA TO JUDGE