Kerala High Court
Pankajam. P vs Santha on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
OP(C) NO. 2036 OF 2022
IN AS 8/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV,
KOZHIKODE
PETITIONERS:
1 PANKAJAM. P
AGED 85 YEARS
W/O. LATE P. AYYAPPAN, "TARAG", P.O. NALLALAM, NEAR
TIMBER CHECK POST, MEENCHANTHA, NALLALAM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673027
2 SULOCHANA,
AGED 70 YEARS
W/O. LATE P. BALAN, POOTHARAMBATH HOUSE, P.O. MANNUR,
MANNUR AMSOM DESOM, KOZHIKODE, PIN - 673328
BY ADVS P.R.VENKATESH
LAKSHMI MEENAKSHI P.R.
RESPONDENTS:
1 SANTHA
W/O. PADMANABHAN, PULLANCHERY, CHOYIMURIYIL,
RAMANATTUKARA, KOZHIKOD, PIN - 673633
2 SUGATHAN,
S/O. KUTTAYI, KRISHNANJALI, THOKKAYIL HOUSE, PO
MANNUR, KOZHIKODE, PIN - 673328
3 JALAJA
W/O. UNNI, KUPPATTU HOUSE, PO MANNUR, KOZHIKODE,
PIN - 673328
4 PUSHPAVALLI,
D/O. MADHAVI, KUPPATTU HOUSE, PO MANNUR, KOZHIKODE,
PIN - 673328
5 PADMAJA
W/O. HARIDASAN, THANDATH MADATHIL, OLAVANNA P.O.,
KOZHIKODE, PIN - 673025
O.P.(C) No.2036/2022
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6 SHYLAJA
W/O. JESILAL, MAYANAM, PO MANNUR, KOZHIKODE, PIN -
673328
7 BINDU
PATATHIL HOUSE, BEYPORE, KOZHIKODE, PIN - 673015
8 VINOD KUMAR
S/O. KUTTAYI. K, KUPPATTU HOUSE, PO MANNUR,
KOZHIKODE, PIN - 673328
9 M. JANAKI
W/O. LATE KARAPPAN, VALIYATTIL HOUSE, POST FEROKE,
KOZHIKODE DISTRICT, PIN - 673631
10 PADMANABHAN
S/O. LATE THUPPRAN, POOTHARAMBATH HOUSE, POST MANNUR,
KOZHIKODE DISTRICT, PIN - 673328
11 T.K. HARIDASAN
S/O. SAROJINI, THARAYIL KOONAPRA, GANGOTHRI, POST
FEROKE, KOZHIKODE DISTRICT, PIN - 673631
12 SUDHARMAN T.K
S/O. SAROJINI, THARAYIL KOONAPRA, POST KOLAKKATT
CHALIL, VIA CHELEMBRA, TIRUR ANGADI TALUK, MALAPPURAM
DISTRICT, PIN - 673634
13 SUDHEER KUMAR T.K
S/O. SAROJINI, THARAYIL KOONAPRA, POST
KOLAKKATTCHALIL, VIA CHELEMBRA, TIRUR ANGADI TALUK,
MALAPPURAM, PIN - 673634
14 PREMAVATHY V
W/O. HARIDASAN, VAZHAYIL HOUSE, POST PERINGAVU, EMAD
TALUK, MALAPPURAM DISTRICT, PIN - 676305
15 SUDHEENA C
W/O. BASKARAN, AIKKARAPPADY AMSOM, MALAPPURAM
DISTRICT, PIN - 673637
16 RAJEENA. P
D/O. LATE P. AYYAPPAN, "TARAG", P.O. NALLALAM, NEAR
TIMBER CHECK POST, MEENCHANTHA, NALLALAM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673027
O.P.(C) No.2036/2022
:3:
17 RANJITH
S/O. LATE P. AYYAPPAN, "TARAG", P.O. NALLALAM, NEAR
TIMBER CHECK POST, MEENCHANTHA, NALLALAM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673027
18 RAJESH. P
S/O. LATE P. AYYAPPAN, "TARAG", P.O. NALLALAM, NEAR
TIMBER CHECK POST, MEENCHANTHA, NALLALAM AMSOM DESOM,
KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673027
19 SHAJI
S/O. LATE P. BALAN, POOTHARAMBATH HOUSE, P.O. MANNUR,
MANNUR AMSOM DESOM, KOZHIKODE, PIN - 673328
20 SHERIKUMAR
S/O. LATE P. BALAN, POOTHARAMBATH HOUSE, P.O. MANNUR,
MANNUR AMSOM DESOM, KOZHIKODE, PIN - 673328
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.2036/2022
:4:
Dated this the 29th day of March, 2023
JUDGMENT
The original petition is filed to direct the Court of
the Additional District Judge-IV, Kozhikode, to consider
and dispose of A.S.No.8/2019 (Ext P1) within a
reasonable time period.
2. Pursuant to the order dated 25.10.2022, passed
by this Court, the learned IInd Additional District
Judge(holding charge of the IVth Additional District
Judge), by communication dated 27.10.2022, has
informed this Court that the case was adjourned from
time to time due to the pandemic and now, it stands
posted to 01.11.2022. But, there is no Presiding Officer
in the said court and the IInd Additional District Judge is
holding charge of the said court. The court below would
make an endeavour to dispose of the appeal within three
months.
O.P.(C) No.2036/2022
3. Heard; Sri. P.R. Venkatesh, the learned counsel
appearing for the petitioners. Even though notice has
been served on the respondents, there is no appearance
for them.
In the light of the pleadings and materials on record
and after perusing the communication of the learned
District Judge, in exercise of the supervisory powers of
this Court under Article 227 of the Constitution of India,
I direct the Court of the Additional District Judge-IV,
Kozhikode, to consider and dispose of A.S.No.8/2019, as
expeditiously as possible and in accordance with law, at
any rate, within a period of four months from the date of
receipt of a certified copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/29.03.2023 //True copy/
P.A.To Judge
O.P.(C) No.2036/2022
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF APPEAL MEMORANDUM
RESPONDENTS' EXHIBITS: NIL
