Kerala High Court
1) The Deity Of Shree Vayalil ... vs State Of Kerala on 27 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF JANUARY 2023 / 7TH MAGHA, 1944
OP(C) NO. 212 OF 2023
AGAINST THE ORDER/JUDGMENT IN OS NO.18/2023
OF MUN-MAGI COURT, PARAVOOR
PETITIONERS/ PETITIONERS/ PLAINTIFF:
1 THE DEITY OF SHREE VAYALIL BHAGAVATHI,
THE VAYALIL BHAGAVATHI TEMPLE,
AERAM CHERRY, MEENADU VILLAGE,
KOLLAM DISTRICT,
REPRESENTED BY ITS PRESIDENT, PIN - 691334
2 KALADHARAN K.S.
AGED 75 YEARS, S/O SREEDHARAN,
THE PRESIDENT OF TEMPLE ADMINISTRATIVE COMMITTEE,
THE VAYALIL BHAGAVATHI TEMPLE,
AERAM CHERRY, MEENADU VILLAGE,
KOLLAM DISTRICT, PIN - 691334
3 CHANDRAMOHAN K.S.
AGED 68 YEARS, S/O SREEDHARAN,
THUNDUVILA, AERAM CHERRY,
MEENADU VILLAGE,
KOLLAM DISTRICT, PIN - 691334
BY ADVS.
M.R.MINI
VINOD RAVINDRANATH
MEENA.A.
K.C.KIRAN
M.DEVESH
ASHWIN SATHYANATH
ANISH ANTONY ANATHAZHATH
THAREEQ ANVER K.
RESPONDENTS/ RESPONDENTS/ DEFENDANTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
KERALA, PIN - 695001
2 THE DISTRICT COLLECLTOR OF KOLLAM DISTRICT
CIVIL STATION BUILDINGS,
KOLLAM, PIN - 691013
O.P.(C) No. 212/2023
..2..
3 THE SURVEY DIRECTOR
OFFICE AT VAZHUTHACAUD
TRIVANDRUM, PIN - 695014
4 THE DEPUTY SURVEY DIRECTOR
CIVIL STATION BUILDINGS,
KOLLAM, PIN - 691013
5 THE DISTRICT INDUSTRIAL OFFICER
DISTRICT INDUSTRIES OFFICE,
ASHRAMAM, KOLLAM, PIN - 691002
GP-ADV S UNNI KRISHNAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C) No. 212/2023
..3..
JUDGMENT
Dated this the 27th day of January, 2023
The original petition is filed to direct the Court of
the Munsiff, Paravoor to consider and dispose of
I.A.No.2/2023 in O.S.No. 18/2023 within a time frame.
2. The concise case of the petitioners in the
original petition is that they have filed the above suit
against the respondents, for a decree of declaration
and other consequential reliefs. Along with the suit,
they also filed I.A.No.2/2023 for an order of temporary
injunction. But, the court below has not passed any
orders on the above application even after the lapse of
more than one month. The pendency of Ext.P2
application is causing severe prejudice and hardship to
the petitioners. Hence the original petition.
3. Heard; Smt.M.R.Mini, the learned Counsel
appearing for the petitioners and the learned
Government Pleader appearing for the respondents.
O.P.(C) No. 212/2023
..4..
4. On a consideration of the pleadings and
materials recorded and taking note of the mandate
under Order 39 Rule 3A of the Code of Civil Procedure,
I am of the definite view that the court below is to be
directed to consider and dispose of Ext.P2 application
within a time frame.
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, Paravoor to
consider and dispose of I.A.No.2/2023 in O.S.No.
18/2023, in accordance with law, as expeditiously as
possible at any rate within a period of ten days from
today, after affording both sides an opportunity of
being heard.
The Original Petition is ordered accordingly.
Sd/-
C.S.DIAS
JUDGE
APA
O.P.(C) No. 212/2023
..5..
APPENDIX OF OP(C) 212/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT DATED 17.01.2023 IN
O.S. NO. 18 OF 2023 ON THE FILES OF THE
MUNSIFF COURT, PARAVUR
Exhibit P2 TRUE COPY OF I.A. NO. 2 OF 2023 DATED
17.01.2023 IN O.S. NO. 18 OF 2023 ON THE
FILES OF THE MUNSIFF COURT, PARAVUR
Exhibit P3 THE TRUE COPY OF THE COMMISSIONER REPORT
DATED 24.01.2023 IN O.S. NO. 18 OF 2023 ON
THE FILES OF THE MUNSIFF COURT, PARAVUR
