Kerala High Court
A.Badarudeen vs Iqbal College Trust on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
OP(C) NO. 391 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 5/1990 OF ADDITIONAL DISTRICT
COURT-I, TRIVANDRUM
PETITIONER/1st PETITIONER IN I.A.:
A.BADARUDEEN, AGED 78 YEARS, S/O.ABDUL RAZAK, TC
25/1037, THYCAUD P.O., EAST THAMPANOOR,
THIRUVANANTHAPURAM, EXECUTIVE COMMITTEE MEMBER,
IQBAL COLLEGE TRUST, PERINGAMMALA,
THIRUVANANTHAPURAM-695 563.
BY ADVS.
SRI.K.RAMACHANDRAN
SRI.P.RAMACHANDRAN
RESPONDENTS/COUNTER PETITIONERS IN I.A.:
1 IQBAL COLLEGE TRUST, DAIVAPPURA P.O., PERINGAMMALA,
THIRUVANANTHAPURAM-695 563,
REPRESENTED BY ITS SECRETARY.
2 N.ABDUL BASHEER, S/O.NAGOOR KANNU, AGED ABOUT 75 YEARS,
RESIDING AT DALIYA, KARAKULAM VILLAGE,
CHEKKAKONAM P.O., KARAKULAM,
THIRUVANANTHAPURAM-695 564.
3 SHEBEER MATTAPALLI, AGED 64 YEARS, S/O.IBRAHIM KUNJU,
RESIDING AT MATTAPALLI VEEDU, NILAMEL VILLAGE,
NILAMEL P.O., KOLLAM-691 355.
4 DR.A.E.SHANAVAS, AGED 60 YEARS, RESIDING AT LITESA,
OZHIKUPARA, PERINGAMMALA VILLAGE, NEDUMANGAD,
THIRUVANANTHAPURAM-695 563.
BY ADVS.
SRI.P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SRI.MANU VYASAN PETER
SRI.ABRAHAM BABU KALLIVAYALIL
THIS OP (CIVIL) HAVING COME UP FOR HEARING ON 22.03.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.391 OF 2022
2
JUDGMENT
This is an Original Petition filed under
Article 227 of the Constitution of India. The prayer
that has been pressed in this Original Petition filed
under Article 227 of the Constitution of India is a
direction to the District Court, Thiruvananthapuram
to dispose of I.A.No.62/2021 in O.S.No.5/1990. Adv.
P.B.Krishnan appears for R1 and R3. R2 and R4
served, but no representation.
2. Heard both sides. The learned counsel for the
respondents 1 and 3 did not oppose early disposal.
But the learned counsel expressed doubt as to the
maintainability of the petition. However, he conceded
that, that question also be raised before the
District Court while hearing the petition.
3. As per report dated 14.03.2022, Additional
District & Session Judge-I, Thiruvananthapuram sought
one month's time to dispose of the I.A.No.62/2021.
4. Therefore, there shall be a direction to the
OP(C).No.391 OF 2022
learned Sub Judge to hear and dispose of I.A.
No.62/21 in O.S.No.5/1990 before close of summer
vacation, after providing opportunity to all parties
to argue on merits.
The Registry is directed to forward a copy of
this judgment to the court below concerned, within 7
days from today.
Accordingly, this Original Petition is disposed
of.
Sd/-
A. BADHARUDEEN,
JUDGE
WW
OP(C).No.391 OF 2022
APPENDIX OF OP(C) 391/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE AFFIDAVIT AND PETITION
DATED 10.09.2021 IN IA NO.62/2021 IN OS
5/1990 BEFORE THE HONOURABLE DISTRICT
COURT, THIRUVANANTHAPURAM FILED BY THE
PETITIONER AND ANOTHER WITHOUT EXHIBITS.
