IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.44 OF 2021
ARISING OUT OF OS 376/2017 FILED AS PER ORDER IN WPC
NO.25002/2017 OF MUNSIFF'S COURT, CHANGANASSERRY
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PETITIONER/PLAINTIFF:
M. RAVINDRANATHAN
AGED 76 YEARS
S/O. MADHAVA KAIMAL, MACKIYIL HOUSE,
CHAMPAKARA P. O., KARUKACHAL VILLAGE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686540.
BY ADVS.
SMT.M.SUSEELA
SHRI.PATHROSE C.
RESPONDENT/DEFENDANT:
1 SANTHOSHKUMAR ALIAS SANTHOSH
S/O. CHANDRAN PILLAI, AGED 57, BINDU BHAVAN,
CHAMPAKARA P. O., KARUKACHAL VILLAGE,
CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686540.
2 KARUKACHAL GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, KARUKACHAL P. O.,
KARUKACHAL VILLAGE, CHANGANASSERRY TALUK,
KOTTAYAM DISTRICT, PIN - 686540.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.44 of 2021
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Dated this the 7th day of January, 2021
JUDGMENT
This original petition is by the plaintiff in a suit for damages. The reliefs claimed in the original petition reads thus:-
"(a) Declare that Ext.P3, P3A, P3B, P3C, P3D is illegal, arbitrary and to quash the same after calling for the records leading thereto.
(b) To direct the Munsiff Court, Changanasserry (Lower Court) to dispose the said IA No.2451/2017 in OS 376/2017 along with the suit by directing the defendants to remove the wooden logs from petitioner's property.
(c) Pass such other orders as this Honourable Court deems fit and proper in the facts and circumstances of the case."
2. As regards the relief 'a' claimed, Ext.P3 is a memo submitted by the counsel for the defendant before the trial court, producing certain documents. Ext.P3(a) to (d) are the documents so O. P. (C) No.44 of 2021 :- 2 :-
produced. The prayer made seeking to quash the said documents are misconceived. The objections of the petitioner regarding the acceptability and genuineness of those documents, are matters to be urged in the suit at trial.
3. As regards the second prayer sought in the original petition, necessarily the trial court while disposing of the suit will pass orders on all pending interlocutory applications. No direction in the said regard is warranted.
The original petition is accordingly dismissed.
Sd/-
SATHISH NINAN JUDGE kns/-
//True Copy// P.S. to Judge OP(C).No.44 OF 2021 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C) NO.25002/2017 DATED 21.08.2017 OF THE HONOURABLE HIGH COURT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE IA NO.2451/17 IN OS NO.376/2017 DATED 13.11.2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
EXHIBIT P3 TRUE COPY OF THE MEMO OF THE DOCUMENT MARKED AS B SERIES FILED ON 06.11.2020 BY THE COUNSEL FOR THE 1ST DEFENDANT IN OS NO.376/2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
EXHIBIT P3 A TRUE COPY OF THE LETTER FROM TALUK OFFICE, CHANGANASSERRY NO.B3-10141/17 DATED 18.11.2017 ADDRESSED TO 1ST DEFENDANT IN DOCUMENT MARKED AS B SERIES FILED ON 06.11.2020 BY THE COUNSEL FOR THE 1ST DEFENDANT IN OS NO.376/2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
EXHIBIT P3 B TRUE COPY OF THE LETTER FROM TALUK OFFICE, CHANGANASSERRY NO.B3-10141/17 DATED 17.08.2017 ADDRESSED TO 2ND DEFENDANT IN DOCUMENT MARKED AS B SERIES FILED ON 06.11.2020 BY THE COUNSEL FOR THE 1ST DEFENDANT IN OS NO.376/2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
EXHIBIT P3 C TRUE COPY OF THE LETTER FROM TALUK OFFICE, CHANGANASSERRY NO.B3-10141/17 DATED 29.08.2017 ADDRESSED TO 2ND DEFENDANT IN DOCUMENT MARKED AS B SERIES FILED ON 06.11.2020 BY THE COUNSEL FOR THE 1ST DEFENDANT IN OS NO.376/2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
EXHIBIT P3 D TRUE COPY OF A PART OF LETTER DATED 04.08.2017 AND A REPORT FROM T S DATED 10.08.2017 FROM TALUK OFFICE, CHANGANASSERRY IN DOCUMENT MARKED AS B SERIES FILED ON 06.11.2020 BY THE COUNSEL FOR THE 1ST DEFENDANT IN OS NO.376/2017 BEFORE THE MUNSIFF COURT, CHANGANASSERRY.
OP(C).No.44 OF 2021 -2-EXHIBIT P4 TRUE COPY OF LETTER COMPUTER PRINTED FROM THE O/O. THE TAHSILDAR, CHANGANASSERRY NO.B5-3384/17 DATED 28.07.2017 ADDRESSED TO SMT. SUSEELA, ADVOCATE.
EXHIBIT P4 A TRUE COPY OF LETTER COMPUTER PRINTED FROM THE O/O. THE TAHSILDAR, CHANGANASSERRY NO.B3-2269/19(3) DATED 07.05.2019 ADDRESSED TO THE PETITIONER.
EXHIBIT P4 B TRUE COPY OF LETTER COMPUTER PRINTED FROM THE O/O. THE TAHSILDAR, CHANGANASSERRY NO.A7-4979/20 DATED 18.08.2020 ADDRESSED TO THE PETITIONER.
EXHIBIT P5 TRUE COPY OF THE RECEIPT FOR RS. 1060/-
DATED 18.11.2020 FOR REMITTING JR/BATTA TO WITNESSES IN O.S.NO.376/2017 BEFORE THE MUNISFF COURT, CHANGANASSERRY.
EXHIBIT P6 TRUE COPY OF THE CASE STATUS REPORT OF O.S.NO.376/2017 BEFORE THE MUNISFF COURT, CHANGANASSERRY.
EXHIBIT P7 TRUE COPY OF THE PETITIONER'S LETTER TO THE PUBLIC INFORMATION OFFICER, TALUK OFFICE, CHANGANASSERRY DATED 08.12.2020 UNDER RTI ACT.
EXHIBIT P8 TRUE COPY OF THE REPLY DATED 28.12.2020 RECEIVED BY THE PETITIONER ON 02.1.2021 FROM THE PUBLIC INFORMATION OFFICER, TALUK OFFICE, CHANGANASSERRY.
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