Kerala High Court
Naichalath Narayanan vs The Permanent Lok Adalath on 22 June, 2023
WP(C) NO. 19267 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 19267 OF 2023
PETITIONER/S:
NAICHALATH NARAYANAN
AGED 63 YEARS
S/O. K.V.NARAYANAN (LATE) SUDARSHANAM, KANDOTH P.O.,
PAYYANNUR, KANNUR, PIN - 670307
BY ADV LAKSHMI SREEDHAR
RESPONDENT/S:
1 THE PERMANENT LOK ADALATH
KALOOR, ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN
- 682017
2 TATA AIG GENERAL INSURANCE COMPANY
ERNAKULAM REGIONAL OFFICE, GRAND BAY, 64/2451 F1,
3RD FLOOR, KATTAKARA JUNCTION, KALOOR KADAVANTHRA
ROAD, ERNAKULAM REPRESENTED BY ITS REGIONAL MANAGER,
PIN - 682017
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19267 OF 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 19267 of 2023
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Dated this the 22nd day of June, 2023
JUDGMENT
The above writ petition is filed with following prayers :
i. "Issue a writ or any other appropriate, writ, order or
direction directing the Permanent Lok Adalath, Ernakulam to
dispose O.P.No.129 of 2022 as expeditiously as possible within a
short time limit as may be prescribed by this Hon'ble Court;
ii. To dispense with the filing of the translation of vernacular
documents produced by the petitioner in this case;
iii. Pass such other orders as this Hon'ble Court deems, fit,
proper, and necessary in the circumstances of the case." [SIC]
2. The main prayer in this writ petition is for issuing
directions to the 1st respondent to dispose OP No. 129/2022 as
expeditiously as possible. When this writ petition came up for
consideration on 14.06.2023, this Court directed the Registry
to get a report from the Permanent Lok Adalath, Ernakulam
about the time required to dispose OP No. 129/2022. The
Chairman, Permanent Lok Adalath submitted a detailed report
pointing out several factors including the dearth of staff and
infrastructure. In the report, it is stated finally like this :
"With regard to O.P.129/2022 it is submitted that the above
O.P. was filed, on 29.07.2022 and notice was issued to the
respondents to appear before this Adalat on 13.10.2022. But in
the meanwhile the hearing of the regular O.P's were suspended
from 1.10.2022 for the reasons stated above and are adjourned
by notification due to dearth of adequate staff and a heavy duty
printer-cum-photocopier. At present the above case has been
posted on 28.06.2023 by notification. Another W.P.(C).
37716/2022 is also pending before the Hon'ble High Court,
seeking expeditious disposal, O.P.7322/2021 pending before this
Adalath. The matter in O.P.129/2022 can be disposed of within
one month on completion of service if sufficient staff and
infrastructure is provided by the Government."
3. It is submitted by the Chairman that the case can be
disposed of within one month on completion of service, if
sufficient staff and infrastructure is provided by the
Government. It is the duty of the Government and KELSA to do
the needful to see that the staff is appointed.But when a citizen
approach this Court for an early disposal of the case, necessary
steps shall be taken by the Chairman to dispose the same as
expeditiously as possible. The counsel for the petitioner also
submitted that an application is filed by the petitioner for
ascertaining the strength of the building with the help of an
Engineer and an Advocate Commissioner and the same is also
not considered by the Permanent Lok Adalath.
Therefore, this writ petition can be disposed of with the
following prayers :
1) Permanent Lok Adalth, Ernakulam will try to dispose
O.P. No. 129/2022 as expeditiously as possible.
2) If any request from the Permanent Lok Adalth is
received regarding the dearth of staff and
infrastructure, the Government or the competent
authority will do the needful immediately.
3) The Permanent Lok Adalath will pass appropriate
orders directing the competent authority to ascertain
the strength of the building in question in accordance
with law, as expeditiously as possible, at any rate,
within two weeks from the date of receipt of a
certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 19267/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE STATEMENT OF FACTS IN
O.P.NO.129 OF 2022 DATED 15.07.2022
