Kerala High Court
K.Mohammed Abdurahiman vs Abdurahiman
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 16TH DAY OF NOVEMBER 2017/25TH KARTHIKA, 1939
OP(C).No. 3066 of 2017 (O)
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AS IA NO. 891 /2017 IN O.P.(MH) NO. 165/1997 OF DISTRICT COURT MANJERI
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PETITIONER:
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K.MOHAMMED ABDURAHIMAN
AGED 77, S/O.SAYED MOOPAN, KAINIKARA HOUSE,
THRIKANDIYUR AMSOM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENT(S):
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ABDURAHIMAN
AGED 50, S/O.K.K.MAMMI, KAINIKARA HOUSE, SALINA MANZIL,
GOODS SHED ROAD, THRIKANDIYUR AMSOM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT.
BY ADV. SRI.R.T.PRADEEP
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sdr/-
OP(C).No. 3066 of 2017 (O)
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APPENDIX
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PETITIONER(S)' EXHIBITS
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EXHIBIT P1 ATRUE COPY OF THE OP(MH)NO.165 OF 1997 ON THE FILE OF THE
DISTRICT MANJERI DATED NIL.
EXHIBIT P2 ATRUE COPY OF THE JUDGMENT DELIVERED IN OP NO.12957 OF 98
DATED 20-1-06 BY THIS HON'BLE COURT.
EXHIBIT P3 ATRUE COPY OF THE ORDER PASSED IN I.A.NO.968 OF 2012 DATED
22-10-2012 ON THE FILE OF THE DISTRICT COURT, MANJERI.
EXHIBIT P4 ATRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE
KOZHIKODE CORPORATION DATED 2-1-2017.
EXHIBIT P5 ATRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED TO THE
PETITIONER DATED 10-4-2017.
EXHIBIT P6 ATRUE COPY OF THE I.A.NO.891 OF 2017 IN OP(MH)NO.165 OF 1997
DATED 26-8-2017.
RESPONDENT(S)' EXHIBITS
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EXT.R1(A) TRUE COPY OF ORDER DATED 17.09.2008 IN IA NO. 517/2006 IN OP
(MENTAL HEALTH ACT) NO. 65/1997 BY THE COURT OF DISTRICT JUDGE
MANJERI.
EXT.R1(B) TRUE COPY OF IA NO. 377/2015 DATED 20.03.2015 IN O.P.(MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(C)TRUE COPY OF IA NO. 1346/2015 DATED 17.09.2015 IN O.P.(MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(D) TRUE COPY OF IA NO. 1347/2015 DATED 17.09.2015 IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(E) TRUE COPY OF IA NO. 1476/2015 DATED 08.10.2015 IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
OP(C).No. 3066 of 2017 (O)
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EXT.R1(F) TRUE COPY OF IA NO. 1066/2016 DATED 30.06.2016 IN O.P.(MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(G) TRUE COPY OF IA NO. 1412/2016WHICH IS NIL DATED IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT
JUDGE MANJERI
EXT.R1(H) TRUE COPY OF IA NO. 381/2017 DATED10.04.2017 IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(I) TRUE COPY OF IA NO. 619/2017 DATED 31.05.2017 IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(J) TRUE COPY OF IA NO. 620/2017 DATED 31.05.2015 IN O.P. (MENTAL
HEALTH ACT) NO. 65/1997 BEFORE THE COURT OF DISTRICT JUDGE
MANJERI
EXT.R1(K) TRUE COPY OF COMPLAINT DATED 3.8.2017 BEFORE SUPERINTENDENT
OF POLICE TIRUR.
EXT.R1(I) TRUE COPY OF OBJECTION DATED 4.11.2017 FILED BY THE RESPONDENT
EXT.R1(M) TRUE COPY OF TAX RECEIPT DATED 28.07.2017 IN THE NAME OF JOINT
RECEIVERS.
/TRUE COPY/
PA TO JUDGE
sdr/-
ANIL K.NARENDRAN, J.
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O.P.(C)No.3066 of 2017
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Dated this the 16th day of November, 2017
J U D G M E N T
The petitioner, who has moved I.A.No.891/2017 in O.P.(MH) No.165/1997 on the file of the Principal District Court, Manjeri, has filed this original petition under Article 227 of the Constitution of India, seeking an order directing the said court to take up the said interlocutory application and to dispose of the same by discharging the respondent herein as a receiver, within a specified time limit as may be fixed by this Court.
2. On 24.10.2017, this Court issued notice on admission through special messenger to the respondent and the Registry was directed to get a report from the Principal District Court, Manjeri, as to the present status of I.A.No.891/2017 in O.P.(MH) No.165/1997 and also the time limit required for its final disposal.
3. Pursuant to the said order dated 24.10.2017, a report dated 27.10.2017 has been received from the District Judge, Manjeri, wherein it has been stated that I.A.No.891/2017 in O.P. O.P.(C)No.3066 of 2017 :-2-:
(MH)No.165/1997 filed on 26.8.2017 now stands posted to 27.11.2017 for counter. In the said report it has also been stated that the said interlocutory application can be disposed of before 28.2.2018.
4. On receipt of notice, the respondent has entered appearance and filed counter affidavit. In the said counter, it has been stated that I.A.Nos.381/2017, 619/2017 and 620/2017 filed by the respondent are also pending consideration in O.P. (MH)No.165/1997 and the said fact is not disclosed in the original petition filed, seeking early disposal of I.A.No.891/2017.
5. Various contentions are raised in the counter affidavit filed by the respondent on 9.11.2017. It is for the respondent to raise such contentions before the court below since the scope of this original petition filed under Article 227 of the Constitution of India, is limited for an early disposal of the interlocutory application pending consideration before the court below.
6. During the course of arguments, the learned counsel for the petitioner would contend that I.A.Nos.381/2017, 619/2017 and 620/2017 filed by the respondent are not maintainable in law. Per contra, the learned counsel for the respondent would O.P.(C)No.3066 of 2017 :-3-:
contend that I.A.No.891/2017 filed by the petitioner is not maintainable in law.
7. In Jacky v. Tiny @ Antony [(2014) 6 SCC 508] the Apex Court held that the High Court under Article 227 of the Constitution of India has the jurisdiction to ensure that all subordinate courts as well as statutory or quasi-judicial tribunals, exercise the powers vested in them within the bounds of their authority. If a suit is not maintainable it was well within the jurisdiction of the High Court to decide the same in appropriate proceedings but in no case power under Article 226 and 227 of Constitution of India can be exercised to question a plaint.
In such circumstances, without going into the merits of the rival contentions, this original petition is disposed of directing the Principal District Court, Manjeri, to finally dispose of I.A.No.891/2017 in O.P.(MH)No.165/1997 filed by the petitioner and also I.A.Nos.381/2017, 619/2017 and 620/2017 filed by the respondent, as expeditiously as possible, at any rate within 3 months from the date of production of a certified copy of this judgment, if there is no legal impediment. The said court shall O.P.(C)No.3066 of 2017 :-4-:
also dispose of any other pending applications in that original petition, before disposing of I.A.No.891/2017.
ANIL K.NARENDRAN JUDGE ami/18.11.17 //True copy// P.A.to Judge