Kerala High Court
Rukhiya vs Bheerankutty on 3 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
OP(C) NO. 116 OF 2023
OS 40/2020 OF MUNSIFF COURT, THAMARASSERY
PETITIONERS/PLAINTIFFS:
1 RUKHIYA
AGED 63 YEARS
W/O MADHURURACHALIL ALI, KUMARANELLUR AMSOM DESOM,
KUMARANELLUR(P.O), KOZHIKODE DISTRICT, PIN - 673602
2 POTTIYIL BASHEER
AGED 55 YEARS
S/O POTTIYIL ABHU, KUMARANELLUR AMSOM,
KUMARANELLUR AMSOM, THAMARASERY,
KOZHIKODE DISTRICT, PIN - 673602
3 ABDUL MAJEED
AGED 57 YEARS
S/O KAKKATT MAYIN, KUMARANELLUR AMSOM, THAMARASERY,
KOZHIKODE DISTRICT, PIN - 673602
4 KESAVAN
AGED 73 YEARS
S/O MANKUNNUMMAL MANCHATHAN, KUMARANELLUR AMSOM,
KUMARANELLUR(PO), THAMARASERY,
KOZHIKODE DISTRICT, PIN - 673602
BY ADV K.K.JYOTHILAKSHMY
RESPONDENTS/DEFENDANTS:
1 BHEERANKUTTY
AGED 55 YEARS
S/O AHAMMED, PUTHAKUZHIYIL HOUSE, THADAPARAMBU,
KUMARANELLUR P.O, KOZHIKODE DISTRICT, PIN - 673602
2 HARIS
AGED 30 YEARS
S/O MOOSA, PANDIKASALA HOUSE, THADAPARAMBU,
KUMARANELLUR (P.O), THAMARASERY,
KOZHIKODE DISTRICT, PIN - 673602
3 AYAMU
AGED 57 YEARS
S/O KUNJALI, PANAGADAN HOUSE, THADAPARAMBU,
OP(C) NO. 116 OF 2023 2
KUMARANELLUR(P.O), KUMARANELUR DESOM, THAMARASERY,
KOZHIKODE DISTRICT,, PIN - 673602
4 USSAIN
AGED 57 YEARS
S/O ALI, PATHUTHOTTATHIL HOUSE, THADAPARAMBU
(P.O),THAMARASERY, KOZHIKODE DISTRICT,
PIN - 673602
5 SAINABHA
AGED 57 YEARS
W/O IBRAHIM, CHAKKINGAL, THADAPARAMBU,
KUMARANELLUR VILLAGE,
KOZHIKODE DISTRICT, PIN - 673602
6 ABSAR
AGED 46 YEARS
S/O BEERAN, NECHIKANDAN HOUSE, THADAPARAMBU,
KUMARANELLUR VILLAGE, KOZHIKODE DISTRICT,
PIN - 673602
7 YUSUF
AGED 60 YEARS
S/O MUHAMMED, S/O MUHAMMED, THEKKADATHU HOUSE,
THALAPARAMBU, KUMARANELLUR VILLAGE,
KOZHIKODE DISTRICT, PIN - 673602
8 SECRETARY, KARASERY GRAMA PANCHAYATH
KARASERY P.O, MUKKOM, KOZHIKODE DISTRICT, PIN -
673602
9 THE SUB COLLECTOR/ SUB DIVISIONAL MAGISTRATE
COLLECTORATE, CIVIL STATION (PO),
KOZHIKODE, PIN - 673020
BY ADVS.
NIRMAL S
VEENA HARI(K/775/2006)
SRI S. UNNIKRISHNAN, GOVERNMENT PLEADER
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 116 OF 2023 3
Dated this the 3rd day of February, 2023
JUDGMENT
The original petition is filed to direct the Court of
Munsiff, Thamarassery, to consider and dispose of O.S.
No.40/2020 within a time frame.
2. Pursuant to the order dated 18.01.2023 passed by
this Court, the learned Munsiff, Thamarassery, by
communication dated 19.01.2023, has informed this
Court that the suit stands posted for pre-trial steps to
09.03.2023. The court below would make every
endeavour to dispose of the suit within three months.
3. The respondents 1 to 7 have filed a counter
affidavit, opposing the original petition. It is their case
that the suit cannot be disposed of in a hurry, because
certain steps have to be taken. Therefore, the suit may
be directed to be disposed of after the pre-trial steps have
been completed.
4. Heard; Smt. K.K. Jyothilakshmy, the learned
counsel appearing for the petitioner and Sri. Nirmal S.
the learned counsel appearing for the respondents 1 to 7
and the learned Government Pleader appearing for the 9 th
respondent.
5. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Munsiff and the counter affidavit filed by the
respondents 1 to 7, I am of the view that a quietus can be
given to the matter by directing the court below to
consider and dispose of the suit within a time frame, after
the completion of the pre-trial steps.
In the result, in exercise of the supervisory powers
of this Court under Article 227 of the Constitution of
India, I direct the Court of the Munsiff, Thamarassery to
consider and dispose of O.S. No.40/2020, in accordance
with law, as expeditiously as possible, at any rate, within
a period of three months after the completion of the pre-
trial steps.
The original petition is ordered accordingly.
Sd/-
rmm3/2/2023 C.S.DIAS, JUDGE
APPENDIX OF OP(C) 116/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF SKETCH OF THE PROPERTY OF
THE PETITIONERS
Exhibit P2 TRUE COPY OF LAND TAX RECEIPT, DATED
19.02.2020 ISSUED BY THE VILLAGE OFFICER
IN FAVOUR OF THE 4TH PETITIONER
Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BEFORE
THE 8TH RESPONDENT PANCHAYATH BY THE
PETITIONERS
Exhibit P4 TRUE COPY OF THE RECEIPT NO.4638370,
DATED 20.08.2019 ISSUED BY THE KARASERY
PANCHAYATH ACKNOWLEDGING THE RECEIPT OF
THE COMPLAINT
Exhibit P5 TRUE COPY OF THE PLAINT AS O.S NO.40/2020
FILED BY THE PETITIONERS BEFORE THE
MUNSIFF COURT, THAMARASERY
Exhibit P6 TRUE COPY OF THE INTERIM APPLICATION AS
I.A NO.2/2020 IN O.S NO.40/2020 OF THE OF
MUNSIFF COURT, THAMARASERY
Exhibit P7 TRUE COPY OF THE REPORT OF THE ADVOCATE
COMMISSIONER FILED IN O.S NO.40/2020 OF
THE FILES OF MUNSIFF COURT, THAMARASERY
Exhibit P8 TRUE COPY OF THE ORDER DATED: 18/03/2022
ISSUED BY THE SUB DIVISIONAL MAGISTRATE
IN MC 69/2021
RESPONDENT EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE ORDER IN IA.575/2020 IN
AS 308/2020
EXHIBIT R1(B) TRUE COPY OF THE RESOLUTION BY THE
KARASSERY GRAM PANCHAYAT DATED 26/9/2021
EXHIBIT R1(C) TRUE COPY OF THE ORDER IN MC 69/2021
DATED 18/3/2022
