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Treasurer, Purathur Kera ... vs Vijayan
2022 Latest Caselaw 9482 Ker

Citation : 2022 Latest Caselaw 9482 Ker
Judgement Date : 25 August, 2022

Kerala High Court
Treasurer, Purathur Kera ... vs Vijayan on 25 August, 2022
          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
             THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                   OP(C) NO. 1558 OF 2022
           IN OS 59/2022 OF MUNSIFF COURT, TIRUR
PETITIONERS/ DEFENDANTS 6 & 7:

    1    TREASURER, PURATHUR KERA KARSHAKA FEDARATION OF
         COCUNUT PRODUCERS SOCIETIES,
         ROOM NO.PP6/121, MUTTANOOR P.O, PURATHUR,
         PURATHUR AMSON, DESOM, TIRUR TALUK,
         MALAPPURAM DISTRICT, PIN CODE-676 561,
         PIN - 676561

    2    BAVA NEDIYODATH,
         S/O. ABDULLA, NEDIYODATH HOUSE,
         MUTTANOOR P.O, PURATHUR, TIRUR TALUK,
         MALAPPURAM DISTRICT, PIN CODE-676 5671,
         PIN - 676561

         BY ADV E.C.AHAMED FAZIL


RESPONDENTS/PLAINTIFFS & DEFENDANTS 1 TO 5:

    1    VIJAYAN
         AGED 71 YEARS
         S/O.KARAPPUNNI, UNNIKKATTILVALAPPIL HOUSE,
         SWAMIPPADI, P.O, PURATHUR, MALAPPURAM DISTRICT,
         PIN CODE-676 561.

    2    MUHAMMED
         AGED 73 YEARS
         S/O.MATHARI, NAYIKKARIBIL HOUSE, EDAKKANAD,
         MUTTANNOOR, P.O, PURATHUR, MALAPPURAM DISTRICT,
         PIN CODE-676 561.,

    3    PURATHUR KERA KARSHAKA FEDARATION OF COCUNUT
         PRODUCERS SOCIETIES
         ROOM NO.PP6/121, MUTTANOOR.P.O, PURATHUR,
         MALAPPURAM DISTRICT, PIN CODE-676 561,
         REPRESENTED BY ITS SECRETARY., PIN - 676561

    4    SECRETARY, PURATHUR KERA KARSHAKA FEDARATION OF
         COCUNUT PRODUCERS SOCIETIES
         ROOM NO.PP6/121, MUTTANOOR.P.O, PURATHUR,
         MALAPPURAM DISTRICT, PIN CODE-676 561,
 O.P.(C)No.1558/2022

                                   -:2:-




      5       C.K.JAYAKESARI
              S/O. APPUNNI, CHAKKUMKULANGARA HOUSE, MUTTANOOR
              P.O, PURATHUR, MALAPPURAM DISTRICT,
              PIN CODE-676 561

      6       PRESIDENT, PURATHUR KERA KARSHAKA FEDERATION OF
              COCONUT PRODUCERS SOCIETIES
              ROOM NO.PP6/121, MUTTANOOR P.O, PURATHUR,
              MALAPPURAM DISTRICT, PIN CODE-676 561,

      7       POOTHERI ABOOBACKER
              S/O.KUNHIKOYA HAJI, POOTHERI HOUSE, MUTTANOOR
              P.O, PURATHUR, MALAPPURAM DISTRICT,
              PIN CODE-676 561.

              BY ADV ADV SEENA K

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.1558/2022

                                        -:3:-




                      Dated this the 25th day of August,2022

                              JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Tirur, to consider and dispose of

I.A.No.7/2022 in O.S.No.59/2022 within a time frame.

2. Pursuant to the order passed by this Court on

19.08.2022, the learned Munsiff(in charge) of the

Court of the Munsiff, Tirur, by communication dated

22.08.2022, has informed this Court that I.A.No.7/2022

is posted for the counter statement of the respondents

to 05.11.2022. As the learned Munsiff is holding

additional charge of the said court and conducting

sittings only twice a week, he requires three months

time to dispose of the application.

3. Heard; Sri. Ahammed Fazil, the learned

counsel appearing for the petitioners, Sri. Biju, the

learned counsel appearing for the respondents 1 and

2 and Smt. K. Seena, the learned counsel appearing O.P.(C)No.1558/2022

for the respondents 5 and 7.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the Munsiff, Tirur, to

consider and dispose of I.A.No.7/2022 in

O.S.No.59/2022, as expeditiously as possible and in

accordance with law, at any rate, within a period of

three months from the date of receipt of a certified

copy of this judgment.

The original petition is ordered accordingly.

Sd/-

                                          C.S.DIAS,JUDGE

DST/25.08.22                                              //True copy/

                                                          P.A.To Judge
 O.P.(C)No.1558/2022






                            APPENDIX


PETITIONER EXHIBITS

EXHIBIT P1            THE TRUE PHOTOSTAT COPY OF PLAINT IN

O.S.NO.59 OF 2022 ON THE FILES OF MUNSIFF'S COURT, TIRUR

EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE BYELAW OF 3RD RESPONDENT SOCIETY

EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF I.A.NO.4 OF 2022 IN EXHIBIT P1

EXHIBIT P4 THE TRUE PHOTOSTAT COPY COUNTER AFFIDAVIT FILED BY RESPONDENTS 3 TO 7 IN EXHIBIT P3

EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF ORDER DATED 08-04-2022 PASSED IN I.A.NO.4 OF 2022IN EXHIBIT P1

EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF I.A.NO.6 OF 2022 IN EXHIBIT P1

EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF I.A.NO.7 OF 2022 IN EXHIBIT P1

RESPONDENTS' EXHIBITS: NIL

 
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