High Court of KeralaOP(C)/566/2015disposed of

Sebi v. Lenin

2015-03-03Honourable Mr.Justice P.Bhavadasan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 3RD DAY OF MARCH 2015/12TH PHALGUNA, 1936 OP(C).No. 566 of 2015 (O) -------------------------- PETITIONER(S) :

--------------------------

1. SEBI, S/O. THOMAS, VELUKKARAN HOUSE, P.O. MUNDUR THRISSUR.

2. LORANCE, S/O. PAULOSE, ALAPPAD HOUSE, P.O. MUNDUR THRISSUR.

3. JOSE, S/O. KUNHU VAREED, ALAPPAD HOUSE, P.O. MUNDUR THRISSUR.

4. RAVI S/O. CHAMI, PADINJARENADAKKADAVU HOUSE, P.O. MUNDUR THRISSUR.

5. FRANCIS, S/O. JOSEPH, PANAKKAL HOUSE, MUNDUR P.O.

THRISSUR.

BY ADV. SRI.T.M.CHANDRAN RESPONDENT(S) :

----------------------------

1. LENIN S/O. MADHAVAN NAIR, KATTEDATH HOUSE, P.O. MUNDUR THRISSUR, PIN - 680 541.

...2/-

OP(C).No. 566 of 2015 (O) -2-

2. PUBLIC WORKS DEPARTMENT, REPRESENTED BY EXECUTIVE ENGINEER, P.W.D. OFFICE, CHEMBUKAVU THRISSUR, PIN-680 003.

3. ASSISTANT EXECUTIVE ENGINEER, P.W.D ROADS SUB DIVISION, THRISSUR, PIN- 680 003.

4. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, COLLECTORATE AYYANTHOLE, TRICHUR, PIN - 680 003.

R2 TO R4 BY GOVT. PLEADER SMT. LILLY LESLIE THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...3/-

OP(C).No. 566 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1TRUE COPY OF THE PLAINT DATED 06/02/2013 IN O.S. NO. 558/2013. EXHIBIT-P2TRUE COPY OF THE PETITION I.A NO.16571/2014 DATED 14/08/2014 FOR GETTING IMPLEADED AS ADDITIONAL DEFENDANTS IN THE SUIT. EXHIBIT-P3TRUE COPY OF OBJECTION DATED 24/09/2014 FILED BY THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 566 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 03rd day of March, 2015

J U D G M E N T

The first respondent before this court is alleged to have instituted O.S.No. 558/2013 against the State Authority seeking to have them restrained from taking his property for widening of the road.

Finding that, that may affect the rights of the petitioners, petitioners sought to get themselves impleaded in the suit as per Ext.P2 petition. Objection to the impleading petition was filed by the first respondent within a month thereafter. The complaint is that thereafter the petition has undergone 12 postings without any result and now it stands posted to 09.04.2015. Petitioners apprehend that no orders may be passed on that day also. Petitioners point out that their rights may be affected by any orders that may be passed in the suit and it is necessary that they should be heard in the matter. At any rate, it is pointed out

O.P.(C) No. 566 of 2015 -2that there was no justification for not disposing of the impleading petition as there was no serious objection from the side of the other respondents.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.

This petition is disposed of directing the Munsiff Court, Trichur to take up Ext.P2 impleading application said to have been filed by the petitioners and dispose it of as expeditiously as possible, at any rate, before the summer vacation.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge