Kerala High Court
John Jacob vs State Of Kerala on 12 November, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
Tuesday, the 12th day of November 2024 / 21st Karthika, 1946
WA NO. 1355 OF 2024
AGAINST JUDGMENT DATED 22.07.2024 IN WP(Crl.) 480/2024 OF THIS COURT
APPELLANT(S)/PETITIONERS:
1. JOHN JACOB, AGED 56 YEARS, PEEDIKAPARAMBIL HOUSE, PAMPAVALLEY NORTH
PO, MUKKOOTTUTHARA, PANAPILAVU, KOTTAYAM DISTRICT, KERALA, PIN -
686510
2. CHINNAMMA JACOB, AGED 87 YEARS, PEEDIKAPARAMBIL HOUSE, PAMPAVALLEY
NORTH PO, MUKKOOTTUTHARA, PANAPILAVU, KOTTAYAM DISTRICT, KERALA
686510 REPRESENTED BY HER DULY CONSTITUTED POWER OF ATTORNEY HOLDER-
CUM-1ST PETITIONER HEREIN, MR. JOHN JACOB, WHO IS RESIDING WITH HER
IN THE SAME RESIDENCE AT PEEDIKAPARAMBIL HOUSE, PAMPAVALLEY NORTH
PO, MUKKOOTTUTHARA, PANAPILAVU, KOTTAYAM DISTRICT, KERALA 686510,
PIN - 686510
BY JOHN JACOB(PARTY-IN-PERSON)
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2. ROYES P. B., AGED 62 YEARS, PEEDIKAPARAMBIL HOUSE, MUKKOOTTUTHARA
P. O. MARIDOM KAVALA, BEHIND SBI MUKKOOTTUTHARA BRANCH,
MUKKOOTTUTHARA, PATHANAMTHITTA DISTRICT, KERALA, PIN - 686510
3. ANNIE ALMEIDA, AGED 59 YEARS, 139 W GRAY CT APT 112, SPOKANE, WA,
USA, PIN - 99205
4. ELIZABETH ROYES, AGED 59 YEARS, PEEDIKAPARAMBIL HOUSE,
MUKKOOTTUTHARA P. O. MARIDOM KAVALA, BEHIND SBI MUKKOOTTUTHARA
BRANCH, MUKKOOTTUTHARA, PATHANAMTHITTA DISTRICT, KERALA, PIN -
686510
5. P. G. THOMAS, AGED 65 YEARS, PEEDIKAPARAMBIL HOUSE, EDAKADATHY P.
O. MUKKOOTTUTHARA, KOTTAYAM DISTRICT, KERALA, PIN - 686510
6. BABU ABRAHAM, AGED 65 YEARS, PANAYIDATHUSERRIL HOUSE, EDAKADATHY P.
O. MUKKOOTTUTHARA, KOTTAYAM DISTRICT, KERALA, PIN - 686510
7. DR. SONU, CASUALTY DOCTOR, ASSISI HOSPITAL, MUKKOOTTUTHARA P. O.
MUKKOOTTUTHARA, KOTTAYAM DISTRICT, KERALA, PIN - 686510
8. ASSISI HOSPITAL, MUKKOOTTUTHARA P. O. MUKKOOTTUTHARA, KOTTAYAM
DISTRICT, KERALA 686510 REPRESENTED BY THE DIRECTOR, PIN - 686510
9. GEEVARGHESE THOMAS, AGED 50 YEARS, PANIKASSERIL HOUSE, HOLY TRINITY
ASHRAM, ANGADI P. O., RANNI, PIN - 689674
10. ST. MARYS ORTHODOX SYRIAN CHURCH, THALAYINATHADOM, EDADAKADATHI PO,
MUKKOOTTUTHARA, KERALA 686510, REPRESENTED BY THE SECRETARY, PIN -
686510
11. SHAIJU DAS ,ASST. SECRETARY, VECHOOCHIRA GRAMA PANCHAYAT,
VECHOOCHIRA P. O. VECHOOCHIRA, PATHANAMTHITTA DISTRICT, KERALA, PIN
- 686511
12. JIMMY JAMES, AGED 50 YEARS, VENKURINJI P. O. MANIPUZHA, KOTTAYAM
DISTRICT, KERALA, PIN - 686510
13. RAJAGOPAL B., SHO, VECHOOCHIRA POLICE STATION, VECHOOCHIRA P. O.
PATHANAMTHITTA DISTRICT, KERALA, PIN - 686511
14. E. V. VARKEY, PANCHAYAT MEMBER, ERAMPLACKAL HOUSE, OLAKULLAM,
MUKKOOTTUTHARA P. O. PATHANAMTHITTA DISTRICT, KERALA, PIN - 686510
15. AJAYAGHOSH K. B. SECRETARY, VECHOOCHIRA GRAMA PANCHAYAT, VECHOOCHIRA
P. O. VECHOOCHIRA, PATHANAMTHITTA DISTRICT, KERALA, PIN - 686511
BY GOVERNMENT PLEADER FOR R1
ADVS.M/S.ASHA ELIZABETH MATHEW & S.RAJEEV FOR R2
This Writ Appeal coming on for orders on 12/11/2024 upon perusing
the appeal memorandum and this court's judgment dated 24/09/2024 , the
court on the same day passed the following:
A.MUHAMED MUSTAQUE & S.MANU, JJ.
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W.A.No.1355 of 2024
---------------------------------------------------------
Dated this the 12th day of November, 2024
ORDER
A.Muhamed Mustaque, J.
On noting the defects filed by the petitioners, we
find that the Registry's objection can be sustained.
After hearing the petitioners, we pass the
following order;
A serious mistake was committed by the Registry
in the docket of the certified copy issued to the petitioners.
It is mentioned that the date for the notified appearance to
receive the copy is 12.09.2024. In fact, the judgment itself
was delivered only on 24.09.2024. Therefore, any date
which has to be notified for appearance to receive copy can
only be after 24.09.2024. The Registrar (Judicial) shall
intimate the officer concerned and ensure that hereafter
such a mistake should not occur on his part. We direct the
Registry to correct the date and issue a fresh copy to the
petitioners free of cost.
There is also an issue highlighted by him
regarding the sequencing of the cause title in the judgment.
It is pointed out that, while issuing the copy, the cause title
of the writ petition has been placed ahead of the cause title
of the writ appeal. As rightly pointed out by the petitioners,
the cause title of the judgment in the writ appeal should
have been preceded by the judgment in writ petition. The
sequencing also should be corrected by the Registry.
Accordingly, we direct the Registry to carry out this order
without any delay within two weeks.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
rkj
12-11-2024 /True Copy/ Assistant Registrar
