The State Overseer vs The State Of Kerala
2023 Latest Caselaw 3965 Ker

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OP(C) No. 449 of 2023

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                          OP(C) NO. 449 OF 2023
TO CONSIDER AND DISPOSE OF OS 536/2017 OF MUNSIFF COURT, THIRUVALLA
PETITIONER/S:

             THE STATE OVERSEER ,CHURCH OF GOD (FULL GOSPEL) IN
             INDIA, KERALA STATE (PRESENTLY REV. C. C THOMAS, S/O
             CHACKO, AGED 63 YEARS, MOUNT ZION, MULAKKUZHA P.O
             MULAKKUZHA VILLAGE, CHENGANNOOR TALUK PATHANAMTHITTA
             DISTRICT, PIN - 689505)
             BY ADVS.
             ARUN.B.VARGHESE
             AISWARYA V.S.


RESPONDENT/S:

     1       THE STATE OF KERALA ,REPRESENTED BY THE DISTRICT
             COLLECTOR PATHANAMTHITTA, PIN - 689645
     2       THE DIRECTOR OF SURVEY ,SURVEY BHAVAN, VAZHUTHACAUD
             THIRUVANANTHAPURAM, PIN - 605036
     3       THE TAHASILDAR ,THIRUVALLA TALUK, REVENUE TOWER
             THIRUVALLA, PATHANAMTHITTA, PIN - 689101
     4       THE VILLAGE OFFICER ,KOIPURAM VILLAGE, KOIPURAM
             THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689531
     5       THE SECRETARY ,KOIPURAM GRAMA PANCHAYATH, KOIPURAM
             THIRUVALLA TALUK, PATHANAMTHITTA, PIN - 689531
     6       REJIMON CHACKO ,S/O. CHACKO, AGE NOT KNOWN TO THE
             PETITIONER ALUMMOOTTIL HOUSE, MUTTUMON P O KOIPURAM
             VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA, PIN - 689547
             BY ADVS.
             SRI.UNNIKRISHNAN, GOVERNMENT PLEADER - R1 TO R4
             ADV. VENUGOPAL.M.R- R5
             DHANYA P.ASHOKAN(K/001671/2000)
             S. MUHAMMAD ALIKHAN(K/000644/2020)


     THIS     OP   (CIVIL)      HAVING    COME   UP    FOR    ADMISSION   ON
30.03.2023,     THE     COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
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OP(C) No. 449 of 2023

                       C.S DIAS,J.
                    ---------------------------
                 OP(C) No. 449 of 2023
                   -----------------------------
          Dated this the 30th day of March, 2023.

                        JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Thiruvalla, to consider and dispose of

OS No.536/2017 expeditiously.

2. Pursuant to the order dated 21.2.2023 passed

by this Court, the learned Munsiff-in-Charge (JFCM-I,

Thiruvalla), by communication dated 28.2.2023, has

informed this Court that the suit is filed for declaration

of title and consequential reliefs. Issues have not been

framed. The suit stands posted for objections to the

applications on record. The court below requires four

OP(C) No. 449 of 2023

months' time after the completion of pre-trial steps to

dispose of the suit.

3. Heard; Sri.Arun B Varghese, the learned

Counsel appearing for the petitioner, the learned

Government Pleader appearing for the respondents 1

to 4 and Sri.M.R Venugopal, the learned counsel

appearing for the fifth respondent. Even though notice

has been served on the sixth respondent, there is no

appearance for him.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff-in-Charge, in exercise of the

supervisory powers of this Court under Article 227 of

the Constitution of India, I direct the Court of the

Munsiff-in-Charge (JFCM-I), Thiruvalla, to consider

OP(C) No. 449 of 2023

and dispose of OS No.536/2017, in accordance with

law and as expeditiously as possible, at any rate

within a period of four months after the completion of

pre-trial steps.

The original petition is ordered accordingly.

SD/-

sks/30.3.2023                   C.S.DIAS, JUDGE

OP(C) No. 449 of 2023

                    APPENDIX OF OP(C) 449/2023

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE PLAINT IN O.S. NO.

536/2017 ON THE FILES OF MUNSIFF COURT THIRUVALLA Exhibit P2 A TRUE COPY OF ORDER DATED 02.02.2018 IN I.A NO: 4316/2017 IN OS NO: 536/2017 PASSED BY THE LEARNED MUNSIFF THIRUVALLA Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT HEREIN IN O.S NO: 536/2017 BEFORE THE MUNSIFF COURT THIRUVALLA Exhibit P4 A TRUE COPY OF THE PETITION TO REPAIR BOUNDARY WALL FILED BY THE PLAINTIFF AS I.A. NO. 1/2020 IN O.S. NO. 536/2017 ON THE FILES OF MUNSIFF COURT THIRUVALLA Exhibit P5 A TRUE COPY OF THE CASE STATUS AVAILABLE IN THE OFFICIAL WEBSITE OF THE MUNSIFF COURT, THIRUVALLA