Kerala High Court
Haridas vs Unnikrishnan on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP(C) NO. 924 OF 2022
IN OS 3/2021 OF DISTRICT COURT, PALAKKAD
PETITIONERS:
1 HARIDAS
AGED 60 YEARS
SON OF BHASKARAN,
ARTHUKKADUKALAM, EZHAKKAD,
MUNDUR, PALAKKAD 678600, PIN - 678600
2 PRASANTH
AGED 43 YEARS
SON OF KOCHUNNI,
CHATHANKANDATHU HOUSE
MANKARA,
PALAKKAD 678613, PIN - 678613
BY ADVS.
SARATH M.S.
B.PREMNATH (E)
RESPONDENTS:
1 UNNIKRISHNAN
AGED 55 YEARS
SON OF RAMAN,
PIRAYIRI AMSOM, PIRAYIRI VILLAGE, PIRAYIRI POST,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678004
2 SARITHA
AGED 40 YEARS
WIFE OF HARIDAS,
ERANKKAD HOUSE, DEVINAGAR,
PIRAYIRI AMSOM, PIRAYIRI VILLAGE, PIRAYIRI POST,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678004
3 R. UNNIKRISHNAN
AGED 69 YEARS
SON OF RAMANKUTTY, USHUS, THALAPOTTA,
KINAVALLUR NO.1 VILLAGE, PALAKKAD TALUK,
PALAKKAD DISTRICT,, PIN - 678612
OP(C) NO. 924 OF 2022 2
4 P. DIVAKARAN
AGED 71 YEARS
SON OF P.K. MUNSHI VAIDHYAR LATE,
POTTIRAYIL VEEDU, KANHIKULAM POST, MUNDUR NO.2
VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678596
5 C.V. SUMESH BABU
AGED 43 YEARS
SON OF C.R. BHAVADAS,
CHATHAMKULAM VEEDU, BANGLAVUKUNNU,
KONGAD POST, KONGAD NO.1 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678631
6 T.C. SURESH
AGED 60 YEARS
SON OF T.M. CHANDRAN,
THONIPARAMBU VEEDU, MANKURISSI POST,
MANKARA NO.1 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678613
7 SURESH K.
AGED 41 YEARS
SON OF UNNIKRISHNAN,
KALATHIL VEEDU, MAILAVIL, MANKARA POST,
MANKARA NO.1 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678613
8 ANILKUMAR
AGED 64 YEARS
SON OF KARUPPANDI,
158, PRARTHANA VEEDU, CHANDRANAGAR POST,
MARUTHA ROAD VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678007
9 RAGHU.K.
AGED 46 YEARS
SON OF KRISHNANKUTTY,
KRISHNA VEEDU, MANKAVU, KUNNATHURMEDU POST,
PALAKKAD NO.3 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678013
10 P.K. RAJAN
AGED 68 YEARS
SON OF KUNHUVELAN,
8/281, RADHIKA VEEDU, PATTAMPADAM,
KERALASSERY POST, KERALASSERY VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678641
OP(C) NO. 924 OF 2022 3
11 P.M. VIJAYAN
AGED 65 YEARS
SON OF MADHAVAN,
KAVUNGUVELIYIL VEEDU, 10TH MILE, VELIKKAD POST,
MUNDUR NO.2 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678592
12 P.B. VIJAYAN
AGED 63 YEARS
SON OF BAHULEYAN,
BEEJIS, PUDUR, KODUNTHIRAPPULLI POST, PIRAYIRI
VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678004
13 P.K. CHELLAPPAN
AGED 64 YEARS
SON OF KUNHAN,
DWARAKA VEEDU, PULIYAPARAMBU, PUDUR,
KOUDUNTHIRAPPULLI POST, PIRAYIRI VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678004
14 SATHEESHKUMAR
AGED 52 YEARS
SON OF RAMAKRISHNAN,
SATHEESH VIHAR, MELEPPURAM, OLAVAKKODE POST,
PUTHUPPARIYARAM VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678002
15 MANOJKUMAR
AGED 40 YEARS
SON OF CHATHUKUTTY,
VAPPARAKKAL VEEDU, PARASSERI POST,
KONGAD NO.2 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678613
16 VIJAYAN
AGED 62 YEARS
SON OF KARUPPAN,
NO.4, KRISHNA, VENKITESWARA GARDEN,
PALLIPPURAM POST, PALAKKAD NO.1 VILLAGE,
PALAKKAD TALUK, PALAKKAD DISTRICT,, PIN - 678006
17 SREENARAYANA VIDHYA MANDIR TRUST
IIND FLOOR, P.K.V. TOWER, PARALI CHECK POST P.O.,
PALAKKAD TALUK, PALAKKAD DISTRICT, PIN 678612,
REPRESENTED BY COMMITTEE CHAIRMAN M. RAMAKRISHNAN,
SON OF LATE MALLU, PUTHENTHODI VEEDU, 5TH MILE,
EDATHARA POST, PARALI NO.II VILLAGE,
PALAKKAD TALUK, PALAKKAD VILLAGE, PALAKKAD
OP(C) NO. 924 OF 2022 4
DISTRICT,, PIN - 678611
BY ADVS.
Sabu George
P.B.KRISHNAN(K/1193/1994)
P.B.SUBRAMANYAN(K/1145/2009)
MANU VYASAN PETER(K/000652/2013)
A.S DILEEP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 924 OF 2022 5
Dated this the 7th day of July, 2022
JUDGMENT
The original petition is filed to direct the Court of
District Judge, Palakkad, to consider and dispose of I.A.
Nos.7/2022 and 9/2022 in O.S. No.3/2021, within a time
frame.
2. Pursuant to the order dated 03.06.2022 passed by
this Court, the learned District Judge, Palakkad, by
communication dated 21.06.2022, has informed this
Court that this Court had by order dated 29.03.2022 in
CRP No.304/2021, directed the court below to dispose of
I.A. No.1/2021 in O.S. No.3/2021 within one month from
the date of production of the order. The order was
produced before the court below on 18.05.2022.
Accordingly, the suit was advanced from 08.06.2022 to
18.05.2022 and posted to 20.05.2022. Notice was given
to all parties to appear on 20.05.2022. Then, the parties
submitted that there is an element of settlement.
Accordingly, the matter was referred for mediation. On
06.06.2022, the mediator reported that the matter was
not settled, while so, the petitioners have filed the
present applications, seeking to implead them as
supplemental defendants and respondents in the suit as
well as in the applications. The court below is prepared
to dispose of the above applications within a period of one
month.
3. Heard; Sri. Sarath M.S,. the learned the counsel
appearing for the petitioners, Sri.A. S. Dileep, the
learned counsel appearing for the respondents 1 and 2
and Sri.P.B.Krishnan, the learned counsel appearing for
the respondents 8 ,9, 10,12,13,14,16. In view of the
limited relief that I proposes to pass, I dispense with
notice to the other respondents.
4. In the light of the pleadings and materials on
record, particularly the fact that this Court by Ext.P3
order dated 29.03.2022, has directed the court below to
dispose of all pending applications before the court below
within a period of one month from the date of receipt of
the copy of the order, in exercise of the supervisory
jurisdiction of this Court under Article 227 of the
Constitution of India, I direct the court below also to
consider and dispose of I.A. Nos.7 and 9/2022 filed by the
petitioners, in accordance with law, along with IA
No.1/2022 and other pending applications, within the
outer limit of one month from the date of receipt of the
certified copy of this judgment.
The original petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE
rmm07/07/2022
APPENDIX OF OP(C) 924/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLANT IN O.S. NO.3/2021
ON THE FILE OF DISTRICT COURT, PALAKKAD
DATED NIL
Exhibit P2 TRUE COPY OF THE I.A. NO. 1/2021 IN O.S.
NO.3/2021 ON THE FILE OF DISTRICT COURT,
PALAKKAD DATED 8.2.2021
Exhibit P3 TRUE COPY OF THE ORDER IN C.R.P.
NO.304/2021 DATED 29/3/2022 OF THE
HON'BLE HIGH COURT DATED 29.3.2022
Exhibit P4 TRUE COPY OF THE I.A.9 /2022 DATED
26/5/2022 IN O.S. NO.3/2021 ON THE FILE
OF DISTRICT COURT, PALAKKAD
Exhibit P5 TRUE COPY OF THE I.A. 7/2022 IN O.S.
NO.3/2021 ON THE FILE OF DISTRICT COURT,
PALAKKAD DATED 26.5.2022
