Citation : 2024 Latest Caselaw 12880 Ker
Judgement Date : 22 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Wednesday, the 22nd day of May 2024 / 1st Jyaishta, 1946
MJC NO. 154 OF 2023 in OP 38180/2002 (T)
APPLICANT/PETITIONER:
AMBROSE, S/O JOSEPH, MOONGALAR PUTHUVEL, MOONGALAR KARA, PERIYAR
VILLAGE, IDUKKI DISTRICT, PIN - 685533
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT
OF KERALA,THIRUVANANTHAPURAM, PIN - 695036
2. THE THAHSILDAR, PEERUMED TALUK, IDUKKI DISTRICT., PIN - 685531
3. THE VILLAGE OFFICER, PERIYAR VILLAGE, PEERUMED TALUK, IDUKKI
DISTRICT, PIN - 685533
4. THE VILLAGE OFFICER, KUMALI VILLAGE, PEERUMED TALUK, IDUKKI
DISTRICT, PIN - 685509
5. HARISONS MALAYALAM LTD., REGISTERED OFFICE, AT BRISTOW ROAD,
WILLINGDON ISLAND, KOCHI-682002, ERNAKULAM DISTRICT REP.BY ITS
MANAGER.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to setaside the
dismissal order dated 12-7-2023 and restore the original petition, all
interim petitions and interim orders into file, in the interest of
justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 12.07.2023 in OP 38180/2002 & order dated 25.01.2024 in MJC and upon
hearing the arguments of ADV.T.S.MAYA (THIYADIL) for Petitioner in OP/MJC,
GOVERNMENT PLEADER for R1 to R4 in OP/MJC,SRI.E.K.NANDAKUMAR (SENIOR)
alongwith SMT.PRIYA MANJOORAN & PRIYA MAHESH Advocates for R5 in OP and of
ADV.GOPIKRISHNAN NAMBIAR for R5 in MJC(B/O), the Court passed the
following:
P. SOMARAJAN, J.
- - - - - - - - - - - - - - - - - - - - - -
MJC.No.153 of 2023 in OP 38885 of 2002
&
MJC.No.154 of 2023 in OP 38180 of 2002
&
MJC.No.156 of 2023 in OP 38926 of 2002
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 22nd day of May, 2024
ORDER
When the matter came up for hearing, the
learned counsel for the respondents fairly
submitted that the delay can be condoned with a
direction to hear the Original Petition at the
earliest date as it is a very old matter.
Submission is recorded and the respective delay
condonation applications will stand allowed
accordingly.
MJC.No.153/2023, MJC.No.154/2023 &
All the MJC will stand allowed based on the
submission across the bar that the OP can be
heard on its merit within a reasonable time MJC.No.153/2023, MJC.No.154/2023 &
without causing further delay. Hence, all the
MJC will stand allowed by restoring the original
petition on file. Post on 06.06.2024.
Sd/-
P. SOMARAJAN JUDGE SPV
22-05-2024 /True Copy/ Assistant Registrar
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