Ambrose vs State Of Kerala

Citation : 2024 Latest Caselaw 12880 Ker
Judgement Date : 22 May, 2024

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Kerala High Court

Ambrose vs State Of Kerala on 22 May, 2024

Author: P.Somarajan

Bench: P.Somarajan

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
                  MJC NO. 154 OF 2023 in OP 38180/2002 (T)
APPLICANT/PETITIONER:

     AMBROSE, S/O JOSEPH, MOONGALAR PUTHUVEL, MOONGALAR KARA, PERIYAR
     VILLAGE, IDUKKI DISTRICT, PIN - 685533

RESPONDENTS/RESPONDENTS:

  1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT
     OF KERALA,THIRUVANANTHAPURAM, PIN - 695036
  2. THE THAHSILDAR, PEERUMED TALUK, IDUKKI DISTRICT., PIN - 685531
  3. THE VILLAGE OFFICER, PERIYAR VILLAGE, PEERUMED TALUK, IDUKKI
     DISTRICT, PIN - 685533
  4. THE VILLAGE OFFICER, KUMALI VILLAGE, PEERUMED TALUK, IDUKKI
     DISTRICT, PIN - 685509
  5. HARISONS MALAYALAM LTD., REGISTERED OFFICE, AT BRISTOW ROAD,
     WILLINGDON ISLAND, KOCHI-682002, ERNAKULAM DISTRICT REP.BY ITS
     MANAGER.




     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to setaside the
dismissal order dated 12-7-2023 and restore the original petition, all
interim petitions and interim orders into file, in the interest of
justice.

     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 12.07.2023 in OP 38180/2002 & order dated 25.01.2024 in MJC and upon
hearing the arguments of ADV.T.S.MAYA (THIYADIL) for Petitioner in OP/MJC,
GOVERNMENT PLEADER for R1 to R4 in OP/MJC,SRI.E.K.NANDAKUMAR (SENIOR)
alongwith SMT.PRIYA MANJOORAN & PRIYA MAHESH Advocates for R5 in OP and of
ADV.GOPIKRISHNAN NAMBIAR for R5 in MJC(B/O), the Court passed the
following:
                 P. SOMARAJAN, J.
 - - - - - - - - - - - - - - - - - - - - - -
    MJC.No.153 of 2023 in OP 38885 of 2002
                        &
    MJC.No.154 of 2023 in OP 38180 of 2002
                       &
    MJC.No.156 of 2023 in OP 38926 of 2002
- - - - - - - - - - - - - - - - - - - - - -
      Dated this the 22nd day of May, 2024

                             ORDER
CMA No.1 of 2023

When the matter came up for hearing, the learned counsel for the respondents fairly submitted that the delay can be condoned with a direction to hear the Original Petition at the earliest date as it is a very old matter. Submission is recorded and the respective delay condonation applications will stand allowed accordingly.

MJC.No.153/2023, MJC.No.154/2023 & MJC.No.156/2023 All the MJC will stand allowed based on the submission across the bar that the OP can be heard on its merit within a reasonable time MJC.No.153/2023, MJC.No.154/2023 & MJC.No.156/2023 2 without causing further delay. Hence, all the MJC will stand allowed by restoring the original petition on file. Post on 06.06.2024.

Sd/-

P. SOMARAJAN JUDGE SPV 22-05-2024 /True Copy/ Assistant Registrar