Pallipath Moideen Kutty v. Chandannaramkulangara
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 OP(C).No. 667 of 2015 (O) -------------------------- IN I.A. NO. 2719/2014 IN O.S. NO.311/2014 OF MUNSIFF COURT, PAYYANNUR PETITIONER(S):
-------------------------- PALLIPATH MOIDEEN KUTTY, AGED 31 YEARS, S/O. MANGATTU PUTHIYAPURAYIL MAHAMOOD, AGED 31 YEARS, PALLIPATH HOUSE, KOTTOOR, SREEKANDAPURAM P.O., SREEKANDAPURAM AMSOM KOTTOOR DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S):
---------------------------- 1.
CHANDAN NARAMKULANGARA, S/O. MATHI, AGTED 61 YEARS, NARAMKULANGARA HOUSE, PANAPPUZHA P.O., PANAPPUZHA AMSOM, PARAVOOR DESOM, KANNUR TALUK, KANNUR DISTRICT.
2.
VENU NARAMKULANGARA, S/O. MATHI, AGED 53 YEARS, NARAMKULANGARA HOUSE, PANAPPUZHA P.O., PANAPPUZHA AMSOM, PARAVOOR DESOM, KANNUR TALUK, KANNUR DISTRICT.
3.
ARJUNLAL, S/O. VENU, AGED 26 YEARS, NARAMKULANGARA HOUSE, PANAPPUZHA P.O., PANAPPUZHA AMSOM, PARAVOOR DESOM, KANNUR TALUK, KANNUR DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 667 of 2015 (O) APPENDIX PETITIONERS EXHIBITS:
EXT.P1:
COPY OF THE PLAINT IN O.S. NO. 311/2014 ON THE FILE OF MUNSIFF COURT, PAYYANNUR.
EXT.P2:
COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S. NO. 311/2011 ON THE FILE OF MUNSIFF'S COURT, PAYYANNUR. EXT.P3:
COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION IN I.A. NO. 2719/2014 IN O.S. NO. 311/2014 ON THE FILE OF MUNSIFF COURT, PAYYANNUR.
EXT.P4:
COPY OF THE COUNTER I.A. NO. 2719/2014 IN O.S. NO. 311/2014 ON THE FILE OF MUNSIFF COURT, PAYYANNUR.
EXT.P5:
COPY OF THE REPORT AND EYE SKETCH SUBMITTED BY THE COMMISSIONER IN O.S. NO. 266/2013 ON THE FILE OF MUNSIFF COURT, PAYYANNUR.
EXT.P6:
COPY OF THE REPORT AND EYE SKETCH SUBMITTED BY THE COMMISSIONER IN O.S. NO. 311/2014 ON THE FILE OF MUNSIFF COURT, PAYYANNUR.
RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE
P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 667 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2015
J U D G M E N T
So unfortunate is the situation reflected in this case. 2.
A petition which was filed for interim relief as early as on 01.12.2014, still remains unattended to for unknown reasons. The petitioner moved a suit for mandatory injunction to fill up the pit which has been dug by the defendants. He also moved an interlocutory application for interim mandatory relief for the same purpose. The complaint is that even though several months have elapsed, the interlocutory application has not been taken up and heard and that causes irreparable loss and injury to the petitioner. The petitioner therefore seeks a direction to dispose of the same.
3.
In the nature of order that is proposed to be passed in the petition, it is felt that notice to the respondents is unnecessary.
O.P.(C) No. 667 of 2015 -2This petition is allowed and the Munsiff Court, Payyannur is directed to take up I.A.No.2719/2014 in O.S.No. 311/2014 and dispose of the same in accordance with law, after hearing both parties, as expeditiously as possible, at any rate, before summer vacation.
Sd/- P.BHAVADASAN JUDGE //True copy// P.A. to Judge