Smitha Gopakumar vs The State Of Kerala
2021 Latest Caselaw 3972 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

       WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                            OP(C).No.1839 OF 2020

    (I.A.NO.740/2018 IN O.S.6/2011 PENDING BEFORE THE MUNSIFF COURT,
          DEVIKULAM (NOW TRANSFERRED TO MUNSIFF COURT, ADIMALI)



PETITIONERS/PLAINTIFFS 2 TO 4:

       1         SMITHA GOPAKUMAR,
                 AGED 40 YEARS,
                 W/O GOPAKUMAR, VADAYADI HOUSE, KURISHUPARAKARA, ANAVIRATTI
                 VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT,PIN-685 613

       2         SUKRITHIKUMARY,
                 W/O. LATE SURESH KUMAR, VADUTHARAYIL HOUSE,
                 KURISUPARAKARA, ANAVIRATTY VILLAGE, IDUKKI DISTRICT,PIN-
                 685 561

       3         NISHA.S.KUMAR,
                 D/O. SURESH KUMAR, VADUTHARAYIL HOUSE, KURISUPARAKARA,
                 ANAVIRATTY VILLAGE, IDUKKI DISTRICT,PIN-685 561

                 BY ADVS.
                 SRI.A.A.ZIYAD RAHMAN
                 SRI.SURESH SUKUMAR

RESPONDENTS/RESPONDENTS:

       1         THE STATE OF KERALA
                 REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
                 SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001

       2         THE CHIEF CONSERVATOR OF RERESTS,
                 FOREST HEAD QUARTERS, VAZHUTHACAUD,
                 THIRUVANANTHAPURAM,PIN-695 014

       3         THE FOREST RANGE OFFICER,
                 ADIMALI FOREST RANGE, KOOMBAN PARA, MANNAKANDAM VILLAGE,
                 IDUKKI DISTRICT,PIN-685 561

                 R1-3 BY GOVERNMENT PLEADER

OTHER PRESENT:

                 SRI. SANDESH RAJA SPL. G.P. (FOREST)

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 03.02.2021, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.1839 OF 2020                  2




                                    JUDGMENT

The petitioners in this proceeding initiated

under Article 227 of the constitution of India

are the plaintiffs in O.S.No.6 of 2011 now

pending before the Munsiff's Court, Adimali.

2. While the original suit was pending

before the transferor court (Munsiff's Court,

Devikulam), it happened to be dismissed for

default of non appearance of the plaintiffs. The

plaintiffs thereupon filed an application for

restoring the suit which, it is stated to be

pending un-disposed of notwithstanding the

motion was made by the plaintiffs for an early

disposal of the same.

3. A report was called for in this matter

from the learned Munsiff/Magistrate, Adimali,

who in her report dated 4.1.2021 has indicated

that the matter pending could be disposed of

within a week provided service of Government

Pleader was available. The learned counsel

appearing for the respondents submits that all

necessary arrangements providing service of a

Govt. Pleader will be made before that court and

the respondents will fully co-operate for early

disposal of the matter.

4. In the light of the submission made, I

am inclined to call upon the learned court below

to dispose of I.A.No.1 of 2020 (restoration

petition) (IA No.740/2018 of the Munsiff Court,

Devikulam in O.S.No.6/2011 within a week from

the date on which the service of Government

Pleader is made available to the court. Learned

counsel for the respondents submitted that he

will see that all arrangements for expeditious

disposal of I.A.No.1 of 2020 will be made on

12.2.2021. If in any event, respondents fail to

provide necessary service of Government Pleader

as agreed, it is made clear that the court below

will be at liberty to pass necessary interim

orders in the interest of justice as the

situation demands, in accordance with law.

Sd/-

T.V.ANILKUMAR, JUDGE

pm

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE AGREEMENT DATED 29.03.2005 EXECUTED BY JOHN JOSEPH

EXHIBIT P2 TRUE COPY OF THE REPORT BEARING NO.272/78 DATED 27.10.78 BY THE REVENUE INSPECTOR TO THE DISTRICT COLLECTOR WITH TYPED COPY

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OS 16/77/ DATED 30.10.1991 OF THE MUNSIFF COURT, DEVIKULAM

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 25.11.1993 IN OS 16/77 OF MUNSIFF COURT, DEVIKULAM

EXHIBIT P5 TRUE COPY OF THE PLAINT SUBMITTED BY THE PETITIONERS IN OS 16/2011 OF MUNSIFF COURT, DEVIKULAM

EXHIBIT P5A TRUE COPY OF THE ADVOCATE COMMISSIONERS REPORT IN OS 6/2011 DATED 8.06.2011

EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT

EXHIBIT P7 TRUE COPY OF THE IA NO.740/2018 IN OS 6/2011 ON THE FILE OF MUNSIFF COURT, DEVIKULAM

EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 1/02/2019

RESPONDENTS' EXHIBITS: NIL