Gladstan v. K.L.D Board, Represented By Its Deputy General Manager (Ah)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 OP(C).No. 2604 of 2014 (O) --------------------------- MTOP 295/2014 of MUNNAR SPECIAL TRIBUNAL PETITIONER:

------------------- GLADSTAN, AGED 71, S/O.LATE JAMES, TOP STATION ROAD, 8TH MILE, MATTUPETTY, K D H VILLAGE, DEVIKULAM TALUK, IDUKKI - 685 616.

BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS:

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

1. K.L.D BOARD, REPRESENTED BY ITS DEPUTY GENERAL MANAGER (AH) MATTUPETTY, IDUKKI - 685 616.

2. DEVIKULAM GRAMA PANCHAYATH, REP. BY ITS SECRETARY, MATTUPETTY P.O., IDUKKI 685 616.

3. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.

R2 BY ADV. SRI.P.K.RAMKUMAR R2 BY ADV. SMT.ANITHA MENON R1 BY ADV. SRI.MILLU DANDAPANI,SC.

BY GOVERNMENT PLEADER SMT. SUNITHA VINOD THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2604 of 2014 (O) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE PLAINT IN OS NO.271/2013 BEFORE THE MUNSIFF COURT, DEVIKULAM DTED 5/9/2013.

EXHIBIT P2 :

A TRUE COPY OF THE I.A NO.863/2013 IN EXT.P1 SUIT DATED 5/9/2013.

EXHIBIT P3 :

A TRUE COPY OF THE OWNERSHIP CERTIFICATE PROVIDED BY THE PANCHAYATH DATED 22/1/2010.

EXHIBIT P4 :

A TRUE COPY OF THE NUMBER ASSIGNED BY THE DEVIKULAM PANCHAYATH FOR THE BUILDING OF THE PETITIONER DATED NIL. RESPONDENT(S)' EXHIBITS EXHIBIT R1(a) :

TRUE COPY OF THE REPLY FURNISHED BY THE SECRETARY OF 2ND RESPONDENT PANCHAYT DATED 07.01.2014.

/TRUE COPY/ P.A. TO JUDGE.

ncd

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2604 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2015

J U D G M E N T

Petitioner is the plaintiff in the suit filed as OS.271 of 2013 of Munisff Court, Devikulam. He prays for a decree of perpetual injunction in respect of the plaint schedule immovable property. The suit has now been transferred to Munnar Special Tribunal, which has taken on its file as MT OP No.295 of 2014. An application filed by the petitioner for temporary injunction is pending consideration. The only prayer in this OP is to direct the Tribunal to dispose of Ext.P2 application without delay.

2.

Heard.

3.

I am satisfied that the request is reasonable. In the result this OP is allowed. The Tribunal is directed to dispose of Ext.P2 application within two weeks from the date of receipt or production of a copy of this judgment. The learned counsel for the petitioner submits that the interim order passed by this court in this OP may be directed to be in force till the disposal of the

O.P.(C)No.2604 of 2014 application. I think his apprehension that he will be thrown out of the property before an order is passed on Ext.P2 application is not reasonable.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge