Prathapachandran Nair vs Rakesh
2021 Latest Caselaw 22171 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                          OP(C) NO. 1626 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OS 683/2018 OF PRINCIPAL MUNSIFF
                   COURT,NEDUMANGAD, THIRUVANANTHAPURAM
PETITIONER/S:

           PRATHAPACHANDRAN NAIR,
           AGED 63 YEARS
           S/O VIDHYADHARAN NAIR, REETHU BHAVAN, KANNARAMKODU ,VANDA
           IN KARIPPUR VILLAGE, NEDUMANGAD TALUK.

           BY ADV ABRAHAM MATHEW (VETTOOR)



RESPONDENT/S:

     1     RAKESH,
           S/O. MURALEEDHARAN NAIR,
           RESIDING AT M.G. BHAVAN, ALUMKUZHI, ELAVATTOM, KURUPUZHA
           VILLAGE, NEDUMANGAD TALUK 628 486.

     2     STATE OF KERALA,
           REPRESENTED BY THE CHIEF SECRETARY , GOVT. SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.

     3     TAHASILDAR,
           TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM 695 001.


OTHER PRESENT:

           GP S.UNNIKRISHNAN




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1626 OF 2021
                                     2



                               JUDGMENT

Dated this the 5th day of November 2021

The limited relief sought in this original petition is,

expeditious disposal of O.S No.683 of 2018, pending on the files

of the Munsiff's Court, Nedumangadu. Learned counsel for the

petitioner submitted that due to the pendency of the original

suit, commencement of quarrying operation by the petitioner is

getting unduly delayed.

2. In the report called for, the learned Munsiff has stated

that issues have been framed in the suit and the plaintiff has

sought time for filing commission application. If the commission

application is allowed , at least six months, from the date of

filing of commission report, will be required for disposal of the

suit.

3.Despite service of notice on the counsel appearing for the

respondent in the lower court, there is no appearance today. OP(C) NO. 1626 OF 2021

4. The trial court may take into account the mandate of

Order 26 Rule 18B that Advocate Commissioners are expected

to execute their warrant of commission within the time

stipulated in the order and ensure that the commission report is

filed without delay.

Having considered the submission made on behalf of the

petitioner and the report of the learned Munsiff, the original

petition is disposed of directing the learned Munsiff,

Nedumangadu to dispose O.S No. 683 of 2018 within six months of

filing of the commission report.

Sd/-

V.G ARUN JUDGE

SJ OP(C) NO. 1626 OF 2021

APPENDIX OF OP(C) 1626/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S. NO. 683 OF 2018 DATED 19.09.2018.

Exhibit P2 A TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER, DATED 01.10.2018.

Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN THE SUIT OF 01/01/2019.

Exhibit P4 A TRUE COPY OF THE LETTER ISSUED BY THE GEOLOGIST TRIVANDRUM TO THE TAHASILDAR NEDUMANGAD DATED 10.09.2018.

Exhibit P5 A TRUE COPY OF THE NO OBJECTION CERTIFICATE ISSUED BY DISTRICT COLLECTOR THIRUVANANTHAPURAM DATED 15.05.2018.

Exhibit P6 A TRUE COPY OF THE EXPLOSIVE LICENSE GRANTED IN FAVOR OF THE PETITIONER DATED 16.04.2018.