Malabar Devaswom Board vs Krishnan Namboodiripad
2021 Latest Caselaw 23669 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                        THE HONOURABLE MR.JUSTICE V.G.ARUN

           TUESDAY, THE 30TH DAY OF NOVEMBER 2021/9TH AGRAHAYANA, 1943

                              OP(C) NO. 2249 OF 2019

           AGAINST THE JUDGMENT IN OS 57/2018 OF SUB COURT, OTTAPPALAM

PETITIONERS:
     1       MALABAR DEVASWOM BOARD,
             REP. BY COMMISSIONER, MALABAR DEVASWOM BOARD OFFICE,
             ERANJIPALAM, KOZHIKODE DISTRICT, PIN- 673006.

     2         DEPUTY COMMISSIONER,
               MALABAR DEVASWOM BOARD OFFICE, ERANJIPPALAM, KOZHIKODE
               DISTRICT, PIN- 673006.

               BY ADV R.LAKSHMI NARAYAN


RESPONDENTS:

     1         KRISHNAN NAMBOODIRIPAD,
               AGED 93 YEARS
               S/O.LATE NEELAKANDANNAMBOODIRI, RESIDING AT KANJIYOORU
               MANAKKAL, KURIYACHIRA UNITY NAGAR, THRISSUR, REPRESENTED BY
               POWER OF ATTORNEY HOLDER, K.K.AJITH, AGED 49 YEARS,
               S/O.K.M.NAMBOODIRIPAD, ANIMA, SHORNUR P.O., PALAKKAD
               DISTRICT- 679121.

     2         STATE OF KERALA,
               REP. BY SECRETARY, REVENUE (DEVASWOM) DEPARTMENT,
               THIRUVANANTHAPURAM P.O., PIN- 695001.

     3         K.VENUGOPAL,
               EXECUTIVE OFFICER, OOTTUKULANGARA KSHETHRAM, P.O.PERUVEMBU,
               PALAKKAD DISTRICT, PIN- 678531.

     4         SREE CHATHAN KANDARKAVU BHARANA SAMITHI,
               REP. BY SECRETARY, CHUNANGAD P.O., PALAKKAD, OTTAPPALAM
               TALUK, PALAKKAD DISTRICT, PIN- 679102.

               BY ADVS.
               SRI.P.B.KRISHNAN
               GOVERNMENT PLEADER
               SRI.K.MOHANAKANNAN
               SRI.R.KRISHNA RAJ
               SMT.E.S.SONI
               SRI.P.B.SUBRAMANYAN
               SMT.KUMARI SANGEETHA S.NAIR
               SRI.SABU GEORGE
               SRI.MANU VYASAN PETER


               GP S.UNNIKRISHNAN

       THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P(C). No.2249/2019                       2



                                V.G.ARUN, J.
              ===========================
                           O.P(C).No.2249 of 2019
              ===========================
                  Dated this the 30th day of November, 2021

                                JUDGMENT

The challenge in this original petition is against Ext.P8

order, by which the trial court rendered decision on various

interlocutory applications filed in the suit. Learned counsel for

the parties submitted that, rather than keeping the original

petition pending, resulting in the suit being delayed, it would

be appropriate to direct the court below to decide the suit at

the earliest, untrammelled by the findings in the impugned

order.

2. In the Report called for, the learned Subordinate

Judge has stated that various other interlocutory applications

are pending consideration and the suit can be disposed

within six months, if the stay is vacated.

3. The learned counsel for the petitioners submitted

that, in the written statement, a contention regarding

maintainability has been raised and the trial court may be

directed to consider the question of maintainability first.

4. In my considered opinion, no such direction is

warranted, since it is for the trial court to decide the stage at

which maintainability question is to be considered.

In the result, the original petition is disposed of,

directing the Subordinate Judge, Ottappalam to take earnest

efforts to dispose O.S.No.57 of 2018, within an outer limit of

six months from the date of receipt of a copy of this

judgment, untrammelled by the observations in the impugned

order and based on the evidence to be tendered by the

parties.

sd/-

V.G.ARUN JUDGE

lgk

APPENDIX OF OP(C) 2249/2019

PETITIONER EXHIBITS

EXHIBIT P1 PHOTOCOPY OF THE PLAINT IN O.S.NO.57/2018 ON THE FILE OF THE COURT OF SUBORDINATE JUDGE, OTTAPPALAM.

EXHIBIT P2 PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS 2 & 3.

EXHIBIT P3 PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE FOURTH DEFENDANT.

EXHIBIT P4 PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE FIFTH DEFENDANT.

EXHIBIT P5 PHOTOCOPY OF THE I.A.NO.1249/2018 IN O.S.NO.57/2018 DATED 29.08.2018.

EXHIBIT P6 PHOTOCOPY OF OBJECTION DATED 26.09.2018 FILED BY DEFENDANTS 2 & 3, TO EXHIBIT P5 APPLICATION.

EXHIBIT P7 PHOTOCOPY OF THE OBJECTION FILED BY THE FOURTH DEFENDANT TO EXHIBIT P5 APPLICATION DATED 27.09.2018.

EXHIBIT P8 PHOTOCOPY OF THE I.A.NO.1412/2018 IN O.S.NO.57/2018 DATED 22.09.2018.

EXHIBIT P9 PHOTOCOPY OF THE OBJECTION FILED BY THE 2ND DEFENDANT TO EXHIBIT P8 APPLICATION.

EXHIBIT P10 PHOTOCOPY OF THE APPLICATION I.A.NO.1591/2018, FILED BY THE PLAINTIFF ON 24.10.2018.

EXHIBIT P11 PHOTOCOPY OF THE OBJECTION PREFERRED BY THE DEFENDANTS 2 TO 4 TO EXHIBIT P10 APPLICATION.

EXHIBIT P12 PHOTOCOPY OF THE I.A.NO.506/2019, FILED BY THE PLAINTIFF IN THE SUIT, ON 12.06.2019.

EXHIBIT P13 PHOTOCOPY OF THE OBJECTION PREFERRED BY THE DEFENDANTS 2 & 3, TO EXHIBIT P12.

EXHIBIT P14 PHOTOCOPY OF THE O.A.NO.13/02 OF THE DEPUTY COMMISSIONER HR & CE DEPARTMENT DATED 13.01.2003.

EXHIBIT P15 PHOTOCOPY OF THE JUDGMENT IN W.P.

(C)NO.16738/2018 DATED 28.05.2018.

EXHIBIT P16 PHOTOCOPY OF THE ORDER NO.H7.17/2017 DATED

27.02.2018.

EXHIBIT P17 PHOTOCOPY OF THE ORDER IN A1-546/2019 DATED 25.05.2019.

EXHIBIT P18 PHOTOCOPY OF THE COMMON ORDER DATED 06.07.2019, PASSED BY THE COURT OF SUBORDINATE JUDGE, OTTAPPALAM IN I.A.NOS.1249/2018, 1412/2018, 1591/2018 & 506/2019 IN O.S.NO.57 OF 2018.

EXHIBIT P19 PHOTOCOPY OF THE REPORT SUBMITTED BY THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD DATED 30.07.2019.