The Pattazhy Devi Kshethra Samrakshna Samithy v. P.K.Gopalakrishna Pillai
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 3RD DAY OF SEPTEMBER 2015/12TH BHADRA, 1937 OP(C).No. 1040 of 2015 (O) ----------------------------------- OS.NO.350/2011 OF MUNSIFF COURT, PUNALUR ........
PETITIONER(S):
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1. THE PATTAZHY DEVI KSHETHRA SAMRAKSHNA SAMITHY, REG. NO. Q 12/71, PATTAZHY (PO), PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, REPRESENTED THROUGH ITS GENERAL SECRETARY, K.R. RAMACHANDRAN PILLAI, AGED 57 YEARS, S/O. RAGHVAN PILLAI, RESIDING AT KAVITHA, PATTAZHY P.O., PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT.
2. A.R. ARUN, AGED 36 YEARS, S/O. RAVEENDRAN PILLAI, PRESIDENT, PATTAZHY DEVI KSHETHRA SAMRAKSHAN SAMITHY, REG. NO. Q 12/71, PATTAZHY (PO), PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, RESIDING AT ASHA BHAVAN, ERATHU VADAKKU, PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT. BY ADVS.SRI.G.P.SHINOD SRI.RAM MOHAN.G.
SRI.MANU V.
SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR RESPONDENT(S):
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1. P.K.GOPALAKRISHNA PILLAI, P.K. GOPALAKRISHNA PILLAI, S/O. RAMAN PILLAI, PUTHUSSERY VEEDU, NADUTHERI, PATTAZHY P.O., PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-691 522.
2. C. GOPALAKRISHNAN NAIR, S/O. CHANDRASEKHARAN NAIR, KULANJIKOMPIL VEEDU, ERATHU VADAKKU, PATTAZHY VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT-691 522.
BY ADVS. SRI.K.SHAJ SRI.SAJJU.S THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
OP(C).No. 1040 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1. A TRUE COPY OF THE PLAINT IN OS NO. 350 OF 2011 ON THE FILES OF THE MUNSIFFS COURT, PUNALUR.
EXT.P2. A TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH THE COUNTER CLAIM FILED BY THE RESPONDENTS IN OS. NO. 350 OF 2011 BEFORE THE MUNSIFF'S COURT, PUNALUR.
EXT.P3. A TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONERS TO THE COUNTER CLAIM IN OS. NO. 350 OF 2011 BEFORE THE MUNSIFF'S COURT, PUNALUR.
EXT.P4. A TRUE COPY OF THE PETITION I.A. NO. 1907 OF 2011 IN O.S. NO. 350 OF 2011 FILED BY THE PETITIONERS BEFORE THE MUNSIFF'S COURT, PUNALUR. EXT.P5. A TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENTS IN I.A. NO. 1907 OF 2011 IN OS. NO. 350 OF 2011 BEFORE THE MUNSIFF'S COURT, PUNALUR.
EXT.P6. A TRUE COPY OF THE ORDER DATED 7-3-2015 OF THE MUNSIFF'S COURT, PUNALUR IN I.A. NO. 1907 OF 2011 IN O.S. NO. 350 OF 2011. RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A.MUHAMED MUSTAQUE, J.
------------------------------------- O.P.(C)No.1040 of 2015 ---------------------------------- Dated this the 3rd day of September, 2015.
J U D G M E N T
The petitioner is the plaintiff in O.S.No.350/11 of the court below.
2. The petitioner filed I.A.No.1907/11 in the above suit seeking a direction to the respondent to produce the documents mentioned in the schedule along with the I.A.
3. The court below had dismissed the application as though the petitioner sought the relief to hand over the documents to him. In fact, the petitioner sought for a production of those documents for the purpose of adjudication of the issue.
4. In the light of the facts and circumstances of the case, this Court is of the view that, the court below has to re-consider the matter and find out whether those documents are necessary for the adjudication of the issue involved in the suit. If the same are required, the
O.P.(C)No.1040 of 2015 respondents shall be directed to produce the same, if those documents are required for the day to day affairs of the Samithi, it is open for the court below to keep the certified copies of those documents at the expense of the plaintiff and to release the originals to the Samithi.
Original petition is disposed of accordingly. Sd/- A.MUHAMED MUSTAQUE, Judge.
ami/ //True copy// P.A.to Judge