OP(C) NO. 751 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944
OP(C) NO. 751 OF 2022
AGAINST OS 178/2021 OF PRINCIPAL SUB COURT, ERNAKULAM
PETITIONER/PLAINTIFF:
USHA JACOB
AGED 67 YEARS,
W/O C.JACOB, HOUSE NO.CC 29/30A, S.A. ROAD,
VYTTILLA, ERNAKULAM, KOCHI- 19., PIN - 682019
BY ADVS.
AADITHYAN S.MANNALI
SAJAN MANNALI
RESPONDENTS/DEFENDANTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
PWD DEPARTMENT, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001., PIN - 695001
2 ADDL. CHIEF SECRETARY TO GOVERNMENT,
HOME (D) DEPARTMENT, SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695 001., PIN - 695001
3 THE EXECUTIVE ENGINEER
PWD BUILDING DIVISION,
NEAR MODERN BREAD FACTORY,
KOCHI, PIN - 682 024., PIN - 682024
4 THE REGISTRAR
DISTRICT JUDICIARY,
HIGH COURT OF KERALA,
KOCHI-35., PIN - 682035
OP(C) NO. 751 OF 2022
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5 THE PRINCIPAL DISTRICT COURT
REPRESENTED BY SHIRESTHEDAR,
C/O OFFICE OF PRINCIPAL DISTRICT COURT,
COURT COMPLEX ,
PARK AVENUE ROAD, ERNAKULAM.PIN, PIN - 682011
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 751 OF 2022
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JUDGMENT
The original petition is filed, to direct the Court of the Additional Subordinate Judge-III, Ernakulam, to consider and dispose of O.S. No.178/2021 within a time frame.
2. Pursuant to the order dated 8.4.2022 passed by this Court, the learned Additional Subordinate Judge-III, Ernakulam, by communication dated 18.5.2022, has informed this Court that the above suit was posted for the written statement of the defendants on 9.6.2022. The defendants have not filed their written statement till date. There are many other pending hotly contested matters before the court below. Therefore, the court below would dispose of the suit within the time period fixed by this Court.
OP(C) NO. 751 OF 2022 4
3. Heard; Sri.Aadithyan S.Mannali, the learned counsel appearing for the petitioner and the learned Government Pleader appearing for respondents 1 to 3.
4. In the light of the pleadings and materials on record and the above-mentioned communication of the learned Additional Subordinate Judge-III, in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, I direct the Court of the Additional Subordinate Judge-III, Ernakulam, to consider and dispose of O.S No.178/2021, in accordance with law, as expeditiously as possible, at any rate, within a period of six months after the completion of pre-trial steps. The original petition is ordered accordingly.
Sd/-
C.S.DIAS
ma/28.07.2022 JUDGE
OP(C) NO. 751 OF 2022
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APPENDIX OF OP(C) 751/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OFFICIAL MEMORANDUM NO.
DA(A) -9353/99 DATED 18 -8-2000 RELATING TO BUILDING NO.39/3838.
Exhibit P2 A TRUE COPY OF THE LETTER ISSUED FROM THE REGISTRAR (SUBORDINATE JUDICIARY) NO. D7/62459/2006/D9(B), DATED 22-5-2019. Exhibit P3 A TRUE COPY OF LETTER ISSUE FROM THE SECRETARY TO GOVERNMENT NO.
E2/93/2018/PWD, DATED 24-9-2021.
Exhibit P4 A TRUE COPY OF THE LAWYER'S NOTICE, DATED 4-8-2021 ISSUED BY THE PETITIONERS COUNSEL TO THE RESPONDENTS 1 TO 5.
Exhibit P5 A TRUE COPY OF THE POSTAL RECEIPT RELATING TO THE SENDING OF LAWYER'S NOTICE DATED 4- 8-2021.
Exhibit P6 A TRUE COPY OF THE A/D CARD DENOTING THE RECEIPT OF LAWYER'S NOTICE BY THE
-RESPONDENT.
Exhibit P7 A TRUE COPY OF THE PLAINT FILED BY THE PETITIONER AS OS 178/2021 DATED 26-10-2021 BEFORE SUB COURT, ERNAKULAM.