Kerala High Court
Ravi Namboothiri vs K.A.Baiju on 19 November, 2016
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 13TH DAY OF APRIL 2018 / 23RD CHAITHRA, 1940
OP(C).No. 1149 of 2018
EA.NO.3/2017 OF ADDITIONAL DISTRICT COURT,IRINJALAKUDA
PETITIONER:
RAVI NAMBOOTHIRI,
S/O.KRISHNAN NAMBOOTHIRI, KADAKKAVATTATH MANA,
ERAYAMKUDI DESOM, KALLUR THEKKUMURY VILLAGE,
CHALAKUDY TALUK.
BY ADV.SRI.G.HARIHARAN
RESPONDENT(S):
1. K.A.BAIJU, S/O.KUDILINGAL ANTONY,
KUMBIDI, ALTHUR VILLAGE,
CHALAKUDY TALUK-680 307.
2. KRISHNANKUTTY MARAR,
S/O.KIZHEKKE MARATH PRABHAKARA MARAR,
KALLUR THEKKUMURY VILLAGE, ANNAMANADA DESOM,
CHALAKUDY TALUK-680 307
3. ABDUL SATHAR,
S/O.AYYARIL IBRAHIMKUTTY, ANNAMANADA DESOM,
KALLUR THEKKUMURY VILLAGE, CHALAKUDY TALUK-680 307.
4. SHAJU, S/O.VITHAYATHIL KURYAPPAN,
ANNAMANADA DESOM, KALLUR THEKKUMURY VILLAGE,
CHALAKUDY TALUK-680 307.
5. THE STATE ELECTION COMMISSION,
REPRESENTED BY SECRETARY,
OFFICE OF STATE ELECTION COMMISSION,
THIRUVANANTHAPURAM-695 001.
R5 BY SRI.MURALI PURUSHOTHAMAN, SC,
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 13-04-2018,THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
18/4/2018
OP(C).No. 1149 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ELECTION O.P.NO.28 OF 2015 FILED
BY THE 1ST RESPONDENT BEFORE THE MUNSIFF'S COURT,
CHALAKUDY.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 19.11.2016 IN
ELECTION O.P.NO.28 OF 2015 PASSED BY THE MUNSIFF'S
COURT, CHALAKUDY.
EXHIBIT P3 TRUE COPY OF THE ELECTION APPEAL NO.3 OF 2017
FILED BY THE 1ST RESPONDENT PENDING BEFORE THE
ADDITIONAL DISTRICT COURT AND MOTOR ACCIDENTS
CLAIMS TRIBUNAL, IRINJALAKUDA.
EXHIBIT P4 TRUE COPY OF THE S.R.O.NO. 661 OF 1988 ISSUED BY
THE GOVERNMENT PRESCRIBING THE JURISDICTIONAL
COURTS TO DECIDE ELECTION APPEALS.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
18/4/2018
SATHISH NINAN, J.
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O.P.(C) No.1149 of 2018
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Dated this the 13th day of April, 2018
JUDGMENT
In an Election Appeal pending before the Motor Accident Claims Tribunal, Irinjalakkuda, objection was raised by the parties regarding the jurisdiction of the Motor Accident Claims Tribunal, which is the Additional District Court, to hear and dispose of the same. It was contended that it is not a notified court. Orders were passed on the issue of maintainability, on 10.04.2018. Though the petitioner applied for certified copy of the order, even without issuing copy of the said order, the court below has proceeded to pass the Election Appeal for disposal to 26.05.2018, is the grievance voiced.
2. Considering the circumstances, there will be a direction to the Additional District Court and Motor Accident Claims Tribunal, Irinjalakkuda to issue a certified copy of the O.P.(C) No.1149 of 2018 2 order dated 10.04.2018 in Election Appeal No.3/2017 pending before the said court, as expeditiously as possible, and at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.
The Original Petition is disposed of accordingly.
Sd/-
SATHISH NINAN, JUDGE sd