Ramakrishnan Vs. Gopinathan - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130086
SubjectLand Acquisition
CourtKerala High Court
Decided OnFeb-25-2014
JudgeHonourable Mr.Justice V.Chitambaresh
AppellantRamakrishnan
RespondentGopinathan
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice v.chitambaresh tuesday, the25h dayof february20146th phalguna, 1935 op(c).no. 579 of 2014 (o) -------------------------- against the order/judgment in os2792013 of principal munsiff court,cherthala dated petitioner -------------------------- ramakrishnan s/o.kochunarayanan, puthuvalnikarthil chennampallipuram muri, pallipuram village represented by power of attorney holder radhakrishnan s/o.bhaskaran, amruthalayam, chennampallipuram muri pallipuram village, alappuzha district. 688 541. by adv. smt.g.vidya respondent ---------------------------- gopinathan s/o.padmanabhan , velithedathu vadakkekariyil chennampallipuram muri, pallipuram villafge alappuzha district.-688541 this op (civil) having come up for admission on2502-2014, the court on the same day delivered the following: op(c).no. 579 of 2014 (o) -------------------------- appendix petitioner(s)' exhibits ------------------------------------- exhibit p1. copy of the plaint in os27913 on the files of principal munsiff court, cherthala dated304.13. exhibit p2. copy of the injunction petition in cmp no.282/13 in os no.279/13 dated304.13. exhibit p3. copy of the interim order granted by the court below in cmp no.282/13 in cmp no.280/13 dated0205.13. exhibit p4. copy of the report (covering letter) submitted by the advocate commission in cmp no.280/13/ exhibit p5. copy of the rough sketch submitted by the advocate commission in cmp no.280/13. exhibit p6. copy of the mahazar submitted by the advocate commission in cmp no.280/13 exhibit p7. copy of the objection filed by the respondent in cmp no.282/13 in cmp no.280/13 in os no. 279/13 dated1605.13. exhibit p8. copy of the order passed by the court below in ia no.1337/13 in os no.279/13 dated0406.13. exhibit p9. copy of the written statement filed by the respondent in os no.279/13 dated2111.13. exhibit p10.copy of the plaint in os no.277/13 on the files of principal munsiff court, cherthala. exhibit p11. copy of the written statement filed by the defendants in os no.277/13 dated1208.13. exhibit p12. copy of the petition filed by the petitioner in ia no.2731/13 in os no.279/13 dated0110.13. exhibit p13. copy of the objection filed by the respondent in ia no.2731/13 in os no.279/13 dated2510.13. exhibit p14. copy of the order passed by the court below in ia no.2731/13 in os no.279/13 dated0412.13. op(c).no. 579 of 2014 (o) -------------------------- --3--- exhibit p15. copy of the sanction granted by bhaskaran brother of the petitioner. respondent(s)' exhibits --------------------------------------- nil true copy p.a to judge smm v.chitambaresh,j.= = = = = = = = = = = o.p.(c) no.579 of 2014 = = = = = = = = = = = == = = = = dated this the 25th day of february, 2014 judgment only an order to maintain status quo till the disposal of the suit has been passed in i.a no.1337/2013 for temporary injunction. the court below was therefore perfectly justified in refusing police aid to enforce that order as sought in i.a no.2731/2013.2. interest of justice would be met by directing the court below to dispose of i.a no. 1337/2013 finally on merits. the court of the principal munsiff of cherthala shall do so in o.s no.279/2013 within a period of one month.3. the petitioner is free to move afresh for police aid dependant on the final orders passed in i.a no.1337/2013. the same shall be considered untrammelled by the observations contained the order in i.a no.2731/2013. the entitlement or otherwise of the petitioner to lay pipes beneath the road shall also be considered simultaneously. o.p.(c) no.579 of 2014 2 4. there is however no error of jurisdiction in the order impugned warranting interference. the original petition is dismissed. v.chitambaresh judge smm
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE25H DAYOF FEBRUARY20146TH PHALGUNA, 1935 OP(C).No. 579 of 2014 (O) -------------------------- AGAINST THE ORDER

/JUDGMENT

IN OS2792013 of PRINCIPAL MUNSIFF COURT,CHERTHALA DATED PETITIONER -------------------------- RAMAKRISHNAN S/O.KOCHUNARAYANAN, PUTHUVALNIKARTHIL CHENNAMPALLIPURAM MURI, PALLIPURAM VILLAGE REPRESENTED BY POWER OF ATTORNEY HOLDER RADHAKRISHNAN S/O.BHASKARAN, AMRUTHALAYAM, CHENNAMPALLIPURAM MURI PALLIPURAM VILLAGE, ALAPPUZHA DISTRICT. 688 541. BY ADV. SMT.G.VIDYA RESPONDENT ---------------------------- GOPINATHAN S/O.PADMANABHAN , VELITHEDATHU VADAKKEKARIYIL CHENNAMPALLIPURAM MURI, PALLIPURAM VILLAFGE ALAPPUZHA DISTRICT.-688541 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON2502-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 579 of 2014 (O) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE PLAINT IN OS27913 ON THE FILES OF PRINCIPAL MUNSIFF COURT, CHERTHALA DATED304.13. EXHIBIT P2. COPY OF THE INJUNCTION PETITION IN CMP NO.282/13 IN OS NO.279/13 DATED304.13. EXHIBIT P3. COPY OF THE INTERIM ORDER

GRANTED BY THE COURT BELOW IN CMP NO.282/13 IN CMP NO.280/13 DATED0205.13. EXHIBIT P4. COPY OF THE REPORT (COVERING LETTER) SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13/ EXHIBIT P5. COPY OF THE ROUGH SKETCH SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13. EXHIBIT P6. COPY OF THE MAHAZAR SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13 EXHIBIT P7. COPY OF THE OBJECTION FILED BY THE RESPONDENT IN CMP NO.282/13 IN CMP NO.280/13 IN OS NO. 279/13 DATED1605.13. EXHIBIT P8. COPY OF THE ORDER

PASSED BY THE COURT BELOW IN IA NO.1337/13 IN OS NO.279/13 DATED0406.13. EXHIBIT P9. COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN OS NO.279/13 DATED2111.13. EXHIBIT P10.COPY OF THE PLAINT IN OS NO.277/13 ON THE FILES OF PRINCIPAL MUNSIFF COURT, CHERTHALA. EXHIBIT P11. COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO.277/13 DATED1208.13. EXHIBIT P12. COPY OF THE PETITION FILED BY THE PETITIONER IN IA NO.2731/13 IN OS NO.279/13 DATED0110.13. EXHIBIT P13. COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA NO.2731/13 IN OS NO.279/13 DATED2510.13. EXHIBIT P14. COPY OF THE ORDER

PASSED BY THE COURT BELOW IN IA NO.2731/13 IN OS NO.279/13 DATED0412.13. OP(C).No. 579 of 2014 (O) -------------------------- --3--- EXHIBIT P15. COPY OF THE SANCTION GRANTED BY BHASKARAN BROTHER OF THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.

= = = = = = = = = = = O.P.(C) No.579 of 2014 = = = = = = = = = = = == = = = = Dated this the 25th day of February, 2014

JUDGMENT

Only an order to maintain status quo till the disposal of the suit has been passed in I.A No.1337/2013 for temporary injunction. The court below was therefore perfectly justified in refusing police aid to enforce that order as sought in I.A No.2731/2013.

2. Interest of justice would be met by directing the court below to dispose of I.A No. 1337/2013 finally on merits. The Court of the Principal Munsiff of Cherthala shall do so in O.S No.279/2013 within a period of one month.

3. The petitioner is free to move afresh for police aid dependant on the final orders passed in I.A No.1337/2013. The same shall be considered untrammelled by the observations contained the order in I.A No.2731/2013. The entitlement or otherwise of the petitioner to lay pipes beneath the road shall also be considered simultaneously. O.P.(C) No.579 of 2014 2 4. There is however no error of jurisdiction in the order impugned warranting interference. The Original Petition is dismissed. V.CHITAMBARESH JUDGE smm