Sunil Kumar vs Ajikumar
2022 Latest Caselaw 2678 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                     OP(C) NO. 383 OF 2022
  AGAINST THE ORDER INI.A NO.7/2021 IN O.S NO.194/2021
ALONG I.A NO.10/2021 IN O.S NO.194/2021 AND I.A.NO.1/2021
                       IN OS NO.197/2021
PETITIONER:

           SUNIL KUMAR
           AGED 50 YEARS
           S/O. BHASKARAN, PERATHERIL CHIRAYIL VEETTIL,
           PUTHIYAKAVU, MAVELIKKARA, ALAPUZHA-690 501
           BY ADV V.VIJITHA


RESPONDENTS:

    1      AJIKUMAR
           AGED 48 YEARS
           S/O. BHASKARAN, PERATHERIL CHIRAYIL VEETTIL,
           PUTHIYAKAVU, MAVELIKKARA, ALAPUZHA-690 501
    2      STATION HOUSE OFFICER,
           MAVELIKARA POLICE STATION, MAVELIKARA,
           ALAPUZHA-690 501

        THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 O.P.(C)No.383 of 2022
                                          ..2..




                         O.P.(C)No.383 of 2022
             ---------------------------------------------------


                                JUDGMENT

This original petition has been filed under Article

227 of the Constitution of India with the following prayers;

"a. Direct the Hon'ble Munsiff Court, Mavelikara to take up I.A No.7/2021 in O.S No.194/2021 along I.A No. 10/2021 in O.S No.194/2021 and I.A No.1/2021 in O.S No. 197/2021 and pass fresh orders in I.A No.7/2021 in OS No. 194/2021 after considering evidence if any adduced by both sides.

b. Declare that the proceedings initiated by the 2nd Respondent pursuant to Ext.P11 order of the Hon'ble Munsiff Court Mavelikara is illegal.

c. Stay all further proceedings O.S No. 194/2021 before the Hon'ble Munsiff Court, Mavelikara.

d. Direct the 2 nd Respondent to bring back to the vehicles of the Petitioners which were illegally seized by the 2nd Respondent.

O.P.(C)No.383 of 2022 ..3..

e. Grant such other relief deemed fit to this Hon'ble court."

2. A detailed report has been given by the

learned Munsiff, when his report was called for. As per the

report, the learned Munsiff submitted that I.A No. 7 of

2021, I.A. No.10 of 2021 in O.S No.194 of 2021 and I.A No.

3. It is submitted by the learned counsel for

the petitioner that though appeal has been filed against

the order passed in I.A No. 7 of 2021, the same is not

disposed of yet. Therefore, the petitioner is experiencing

difficulties. However, that is a matter to be addressed

before the appellate court, since early disposal of the

appeal not prayed for in this original petition. As far as

the prayers herein is concerned, the I.As, for which an

early disposal was canvassed before this Court, those IAs O.P.(C)No.383 of 2022 ..4..

reported to be disposed of already. As such, the said

remedy became infructuous. Therefore, the same cannot

be granted.

4. As far as prayer No.2 sought for herein is

concerned, as reported by the learned Munsiff, that is a

criminal case registered by the second respondent, the

SHO, Mavelikara and for which, the remedy is by moving

under the Criminal Procedure Code. Civil Supervisory

Jurisdiction cannot be exercised for the said purpose.

In view of the matter, nothing survives to be

adjudicated in this matter. Therefore, this original petition

stands dismissed.

Sd/-

A.BADHARUDEEN, JUDGE rkj O.P.(C)No.383 of 2022 ..5..

APPENDIX OF OP(C) 383/2022

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT OS 194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA Exhibit P2 A TRUE COPY OF THE PLAINT IN OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA BEING Exhibit P3 TRUE COPY OF THE ORDER DATED 22.07.2021 IN IA NO.1/2021 IN OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA BEING Exhibit P4 A TRUE COPY OF THE OBJECTION IN IA NO.1/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA BEING Exhibit P5 A TRUE COPY OF THE COMMISSION REPORT DATED 02.08.2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA Exhibit P6 A TRUE COPY OF THE COMMISSION REPORT OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P7 A TRUE COPY OF IA NO.7/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P8 A TRUE COPY OF ORDER DATED 18.10.2021 IN IA NO.1/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA O.P.(C)No.383 of 2022 ..6..

Exhibit P9 A TRUE COPY OF COMMISSION REPORT DATED 21.10.2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P10 A TRUE COPY OF ORDER DATED 13.01.2022 IN IA NO.8/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P11 A TRUE COPY OF ORDER DATED 22.01.2022 IN IA NO.7/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P12 A TRUE COPY OF IA NO. 10/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P13 A TRUE COPY OF IA NO.13/2022 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P14 A TRUE COPY OF IA NO.14/2022 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P15 A TRUE COPY OF CMA NO. /2022 BEFORE THE ADDITIONAL DISTRICT COURT-1 MAVELIKKARA