Faisal vs State Of Kerala
2022 Latest Caselaw 10698 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                      OP(C) NO. 1978 OF 2022
      AGAINST THE CMA 1/2022 OF DISTRICT COURT& SESSIONS
                           COURT,MANJERI
PETITIONER /PETITIONER/APPELLANT:
          FAISAL
          AGED 46 YEARS
          S/O KUNHEERUMMU, VANIYAM PEEDIYEKKAL, CODACKAL,
          THIRUNAVAYA, TIRUR TALUK, MALAPPURAM DISTRICT, PIN
          - 676301
           BY ADVS.
           P.T.SHEEJISH
           PARVATHY S. KRISHNAN
           P.SREERAM
           HARIKIRAN
           G.RAMANATHAN
           MUHAMMED SAFEER A.
           SANDRA TOM
           A.ABDUL RAHMAN
           GANGA A.SANKAR

RESPONDENTS/RESPONDENTS/RESPONDENTS:
     1    STATE OF KERALA
          REPRESENTED BY THE DISTRICT COLLECTOR - MALAPPURAM,
          COLLECTORATE, UP HILL, MALAPPURAM DISTRICT, KERALA-
          PIN - 676505
     2    THE VILLAGE OFFICER
          THIRUNAVAYA VILLAGE OFFICE, TIRUR TALUK, MALAPPURAM
          DISTRICT, KERALA,, PIN - 676301
          BY ADV GOVERNMENT PLEADER
    THIS   OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1978 of 2022         2




                          C.S.DIAS, J.
                ---------------------------------------
                    O.P.(C) No.1978 of 2022
                 --------------------------------------
           Dated this the 21st day of October, 2022



                          JUDGMENT

The original petition is filed to direct the Court

of the District Judge, Manjeri, to consider and dispose of

I.A.No.1/2022 in C.M.A.No.1/2022 within a time frame.

2. Pursuant to the order dated 17.10.2021 passed

by this Court, the learned Additional District Judge, by

communication dated 20.10.2022, has informed this

Court that the C.M.A was admitted on 07.01.2022. The

lower court's record have been received and the appeal

was adjourned to 04.08.2022. On 31.08.2022, the

Presiding Officer was transferred and the present officer

is in charge of the said Court. If both parties are ready,

I.A.No. 1/2022 can be disposed of within 2 months.

3. Heard Sri.P.T.Sheejish, the learned counsel

appearing for the petitioner and the learned Government

Pleader appearing for the respondents.

4. On a consideration of the pleadings and

materials on record and after perusing the

communication of the learned District Judge, and

particularly considering the fact that the application is

filed for the interim custody of a motor vehicle, I am of

the definite view that the court below is to be directed

to dispose of I.A.No.1/2022 as expeditiously as possible.

In the result, in exercise of the supervisory

powers of this Court under Article 226 of the

Constitution of India, I direct the Court of the Additional

District Judge-II, Manjeri, to consider and dispose of

I.A.No.1/2022 in C.M.A.No.1/2022 in accordance with

law, as expeditiously as possible, within a period of one

month from the date of receipt of a certified copy of this

judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE TR

APPENDIX OF OP(C) 1978/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN C.M.A NO. 1/2022 BEFORE THE HON'BLE DISTRICT COURT, MANJERI, MALAPPURAM DISTRICT Exhibit P2 THE TRUE COPY OF THE INTERLOCUTORY APPLICATION VIDE IA NO. 1/2022 IN C.M.A NO. 1/2022 ON THE FILE OF THE HON'BLE DISTRICT COURT, MANJERI, MALAPPURAM DISTRICT Exhibit P3 THE TRUE COPY OF THE ORDER NO.

1838/2021/B4 DATED 07.12.2021 PASSED BY THE 1ST RESPONDENT