Kerala High Court
Shanmughan vs Sivaprasad on 23 December, 2022
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OP(C) No.2483 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
OP(C) NO. 2483 OF 2022
TO CONSIDER AND DISPOSE OF IA NO.29/2022 IN OS 97/1099 M.E OF I
ADDITIONAL DISTRICT COURT ,KOLLAM
PETITIONER/S:
1 SHANMUGHAN,AGED 61 YEARS, S/O
JANARDHANAN ACHARY, RESIDING AT
KRISHNA BHAVAN, IKKARA THEKKETHIL,
MARUTHADI P.O, SASKTHIKULANGARA,
KOLLAM DISTRICT PIN 691 003,
2 MADHU T.G,AGED 65 YEARS, S/O GOPINATHAN, RESIDING AT
THOPPIL VEEDU, THIRUMULLAVARAM P.O, KOLLAM
DISTRICT PIN 691 012,
3 P. KRISHNANKUTTY,AGED 58 YEARS
S/O PARAMESWARAN ACHARY, RESIDING AT
VRINDAVAN, PAMPALIL, PERINADU P.O,
KOLLAM DISTRICT PIN 691 601,
4 T. RAVEENDRAN,AGED 59 YEARS, S/O K.R THANKAPPAN ACHARY,
RESIDING AT RAYARAZHIKAM, PEROOR, T.K.M.C P.O,
KUTTICHIRA, KOLLAM PIN 691 005,
BY ADV A.JANI(KOLLAM)
RESPONDENT/S:
1 SIVAPRASAD,AGED ABOUT 60 YEARS, S/O NEELAKANDAN ACHARY,
PRESIDENT, SREE MULANKADAKAM DEVI TEMPLE TRUST,
MULANKADAKAM, KOLLAM PIN 691 012,
2 NADARAJAN,AGED ABOUT 65 YEARS,TRUST MEMBER, SREE
MULANKADAKAM DEVI TEMPLE TRUST, MULANKADAKAM,
KOLLAM PIN 691 012,
3 P. VIJAYABABU,AGED ABOUT 62 YEARS,TRUST MEMBER, SREE
MULANKADAKAM DEVI TEMPLE TRUST, MULANKADAKAM,
KOLLAM PIN 691 012,
4 MOHAN,AGED ABOUT 56 YEARS, S TRUST MEMBER, SREE
MULANKADAKAM DEVI, TEMPLE TRUST, MULANKADAKAM, KOLLAM
PIN 691 012,
5 RAJENDRAN,AGED 52 YEARS,RETURNING OFFICER/ ELECTION
COMMISSIONER, SREE MULANKADAKAM,DEVI TEMPLE TRUST,
MULANKADAKAM,KOLLAM 691 012,
SRI.K.S.MANU, R1, R3 AND R4
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.12.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C) No.2483 of 2022
C.S DIAS,J.
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OP(C) No.2483 of 2022
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Dated this the 23rd day of December, 2022.
JUDGMENT
The original petition is filed to direct the Court of
the First Additional District Judge, Kollam, to consider
and dispose of IA No.29/2022 in OS No.97/1099 M.E
within a time frame.
2. Pursuant to the order dated 16.12.2022
passed by this Court, the learned Additional District
Judge-I, by communication dated 20.12.2022, has
informed this Court that the above application stands
posted for objection and hearing to 26.12.2022 during
vacation. The application can be disposed of within two
months.
3. Heard; Sri.A.Jani, the learned counsel
appearing for the petitioners and Sri.K.S Manu, the
learned counsel appearing for the respondents 1, 3 and
4. Service is complete on the other respondents.
OP(C) No.2483 of 2022
4. On a consideration of the pleadings and
materials on record, and after perusing the
communication of the learned Additional District Judge-
I, in exercise of the supervisory powers of this Court
under Article 227 of the Constitution of India, I direct
the Court of the Additional District Judge-I, Kollam, to
consider and dispose of IA No.29/2022 in OS
No.97/1099 M.E, in accordance with law, as
expeditiously as possible, at any rate within a period of
one month from the date of receipt of a certified copy of
the judgment. The learned District Judge would be at
liberty to consider whether any interim relief has been
passed in IA No.29/2022, till the disposal of the said
application.
The original petition is ordered accordingly.
SD/-
Sks/23.12.2022 C.S.DIAS, JUDGE
OP(C) No.2483 of 2022
APPENDIX OF OP(C) 2483/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FINAL DECREE PASSED IN
OS.NO 97/1099 M.E.BEFORE THE 1ST
ADDITIONAL DISTRICT COURT, KOLLAM DATED
15/11/1940
Exhibit P2 TRUE COPY OF ORDER IN I.A NO: 5 OF 2021
IN O.S NO: 97 OF 1099 (ME) BEFORE THE
ADDITIONAL DISTRICT COURT,KOLLAM DATED
15/11/2021
Exhibit P3 TRUE COPY OF PAPER PUBLISHED DATED
8/12/2022 IN MALAYALA MANORAMA DAILY
Exhibit P4 TRUE COPY OF NOTICE RESPONDENTS 1 TO 4
DISTRIBUTED PAMPHLETS WITH THE DATE
20/11/2022 TO THE HOUSE OF ALL THE
BENEFICIARIES AND VOTERS REGARDING THE
CONDUCT OF THE POOJAS BY THE ASSOCIATION
Exhibit P5 A TRUE COPY OF THE APPLICATION IN I.A
NO: 29 OF 2022 IN OS NO 97/10199 M.E.
BEFORE THE ISTR ADDITIONAL DISTRICT
COURT, KOLLAM
