Y.Sleebachen vs State Of Kerala
2023 Latest Caselaw 4193 Ker

OP(C) NO. 761 OF 2023
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             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
   FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        OP(C) NO. 761 OF 2023
AGAINST OS 738/2010 OF PRINCIPAL SUB COURT / COMMERCIAL COURT,
                               PALAKKAD
PETITIONER/PLAINTIFF:

            Y.SLEEBACHEN
            AGED 61 YEARS
            S/O.YOHANNAN, CHARUVILA VEEDU, CHENGAMANADU
            P.O.,KOTTARAKKARA, KOLLAM, PIN - 691557
            BY ADVS.
            SABU GEORGE
            P.B.KRISHNAN
            P.B.SUBRAMANYAN
            MANU VYASAN PETER


RESPONDENTS.DEFENDANTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            IRRIGATION DEPARTMENT, GOVERNMENT OF KERALA,
            SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
    2       THE SUPERINTENDING ENGINEER
            SHIRUVANI PROJECT CIRCLE, PALAKKAD DISTRICT, PIN -
            678554
    3       EXECUTIVE ENGINEER,
            K.K.I.P. DIVISION, ATHICODE P.O., KOZHINJAMPARA,
            PALAKAD DISTRICT,, PIN - 678554
     THIS    OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 761 OF 2023
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                          JUDGMENT

The original petition is filed, interalia, to direct the

Court of the Principal Subordinate Judge, Palakkad, to

consider and dispose of O.S No.738/2010 within a

reasonable time period.

2. Pursuant to the order dated 24.3.2023 passed by

this Court, the learned Subordinate Judge, by

communication dated 28.3.2023, has informed this Court

that the suit is filed for declaration and other

consequential reliefs. The suit was being jointly tried with

connected suits. The trial in the case is completed. The

suit stands posted for final arguments on 3.4.2023. The

court below requires four months time to dispose of O.S

No.738/2010.

3. Heard; Sri.Sabu George, the learned counsel

appearing for the petitioner and the learned Government OP(C) NO. 761 OF 2023

Pleader appearing for the respondents.

4. In the light of the pleadings and materials on

record and after perusing the communication of the

learned Principal Subordinate Judge, in exercise of the

supervisory powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the Principal

Subordinate Judge, Palakkad, to consider and dispose of

O.S No.738/2010 and the connected suits, in accordance

with law, as expeditiously as possible, at any rate on or

before 30.6.2023.

The original petition is ordered accordingly.

Sd/-

                                         C.S.DIAS
ma/31.3.2023                             JUDGE
 OP(C) NO. 761 OF 2023


                  APPENDIX OF OP(C) 761/2023

PETITIONER EXHIBITS
Exhibit-P1          A TRUE COPY OF THE PLAINT IN O.S. NO. 738

OF 2010 ON THE FILE OF THE PRINCIPAL SUB COURT, PALAKKAD FILED ON 27-09-2010 Exhibit-P2 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO. 738 OF 2010 ON THE FILE OF THE PRINCIPAL SUB COURT, PALAKKAD FILED ON 07-10-2013