Kerala High Court
Sunil Kumar vs Ajikumar on 11 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
OP(C) NO. 383 OF 2022
AGAINST THE ORDER INI.A NO.7/2021 IN O.S NO.194/2021
ALONG I.A NO.10/2021 IN O.S NO.194/2021 AND I.A.NO.1/2021
IN OS NO.197/2021
PETITIONER:
SUNIL KUMAR
AGED 50 YEARS
S/O. BHASKARAN, PERATHERIL CHIRAYIL VEETTIL,
PUTHIYAKAVU, MAVELIKKARA, ALAPUZHA-690 501
BY ADV V.VIJITHA
RESPONDENTS:
1 AJIKUMAR
AGED 48 YEARS
S/O. BHASKARAN, PERATHERIL CHIRAYIL VEETTIL,
PUTHIYAKAVU, MAVELIKKARA, ALAPUZHA-690 501
2 STATION HOUSE OFFICER,
MAVELIKARA POLICE STATION, MAVELIKARA,
ALAPUZHA-690 501
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.383 of 2022
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O.P.(C)No.383 of 2022
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JUDGMENT
This original petition has been filed under Article 227 of the Constitution of India with the following prayers;
"a. Direct the Hon'ble Munsiff Court, Mavelikara to take up I.A No.7/2021 in O.S No.194/2021 along I.A No. 10/2021 in O.S No.194/2021 and I.A No.1/2021 in O.S No. 197/2021 and pass fresh orders in I.A No.7/2021 in OS No. 194/2021 after considering evidence if any adduced by both sides.
b. Declare that the proceedings initiated by the 2nd Respondent pursuant to Ext.P11 order of the Hon'ble Munsiff Court Mavelikara is illegal.
c. Stay all further proceedings O.S No. 194/2021 before the Hon'ble Munsiff Court, Mavelikara.
d. Direct the 2 nd Respondent to bring back to the vehicles of the Petitioners which were illegally seized by the 2nd Respondent.O.P.(C)No.383 of 2022
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e. Grant such other relief deemed fit to this Hon'ble court."
2. A detailed report has been given by the learned Munsiff, when his report was called for. As per the report, the learned Munsiff submitted that I.A No. 7 of 2021, I.A. No.10 of 2021 in O.S No.194 of 2021 and I.A No. 1 of 2021 in O.S No. 197 of 2021 were disposed of.
3. It is submitted by the learned counsel for the petitioner that though appeal has been filed against the order passed in I.A No. 7 of 2021, the same is not disposed of yet. Therefore, the petitioner is experiencing difficulties. However, that is a matter to be addressed before the appellate court, since early disposal of the appeal not prayed for in this original petition. As far as the prayers herein is concerned, the I.As, for which an early disposal was canvassed before this Court, those IAs O.P.(C)No.383 of 2022 ..4..
reported to be disposed of already. As such, the said remedy became infructuous. Therefore, the same cannot be granted.
4. As far as prayer No.2 sought for herein is concerned, as reported by the learned Munsiff, that is a criminal case registered by the second respondent, the SHO, Mavelikara and for which, the remedy is by moving under the Criminal Procedure Code. Civil Supervisory Jurisdiction cannot be exercised for the said purpose.
In view of the matter, nothing survives to be adjudicated in this matter. Therefore, this original petition stands dismissed.
Sd/-
A.BADHARUDEEN, JUDGE rkj O.P.(C)No.383 of 2022 ..5..
APPENDIX OF OP(C) 383/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT OS 194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA Exhibit P2 A TRUE COPY OF THE PLAINT IN OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA BEING Exhibit P3 TRUE COPY OF THE ORDER DATED 22.07.2021 IN IA NO.1/2021 IN OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA BEING Exhibit P4 A TRUE COPY OF THE OBJECTION IN IA NO.1/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA BEING Exhibit P5 A TRUE COPY OF THE COMMISSION REPORT DATED 02.08.2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKARA Exhibit P6 A TRUE COPY OF THE COMMISSION REPORT OS NO.197/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P7 A TRUE COPY OF IA NO.7/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P8 A TRUE COPY OF ORDER DATED 18.10.2021 IN IA NO.1/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA O.P.(C)No.383 of 2022 ..6..
Exhibit P9 A TRUE COPY OF COMMISSION REPORT DATED 21.10.2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P10 A TRUE COPY OF ORDER DATED 13.01.2022 IN IA NO.8/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P11 A TRUE COPY OF ORDER DATED 22.01.2022 IN IA NO.7/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P12 A TRUE COPY OF IA NO. 10/2021 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P13 A TRUE COPY OF IA NO.13/2022 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P14 A TRUE COPY OF IA NO.14/2022 IN OS NO.194/2021 BEFORE THE HON'BLE MUNSIFF COURT, MAVELIKKARA Exhibit P15 A TRUE COPY OF CMA NO. /2022 BEFORE THE ADDITIONAL DISTRICT COURT-1 MAVELIKKARA