Back
2022 Supreme(Online)(KER) 22514
HIGH COURT OF KERALA
I.N.RATHEESHAN – Appellant
Versus
D.C.VINAYARAJ – Respondent
OP(C)/1252/2022
The exercise of supervisory jurisdiction under Article 227 mandates timely consideration of cases to uphold the principle of speedy justice.
Headnote:
Supervisory - Jurisdiction - Article 227 - The summary explains the court's directive for expedited disposal of a pending suit, emphasizing judicial oversight.
Fact of the Case:
The original petition sought to direct the Munsiff court to expedite the consideration of a suit filed regarding the legality of a general body election involving 38 defendants, with many suits pending in the court.
Finding of the Court:
The court recognized the backlog in the Munsiff court but instructed prioritization of the specific case to ensure it is handled expeditiously within four months post-pre-trial steps.
Issues: Whether the supervisory jurisdiction under Article 227 should be exercised to expedite the disposal of a pending suit amidst a backlog of cases.
Ratio Decidendi: The court affirmed its supervisory jurisdiction under Article 227 and emphasized the necessity of timely justice despite the existing backlog.
Final Decision: The Munsiff court is directed to expedite the consideration of the suit within four months.
JUDGMENT
The original petition is filed to direct the Court of the Munsiff, Thalassery, to consider and and dispose of O.S.
No.187/2021, within a time frame.
2. Pursuant to the order dated 14.07.2022 passed by this Court, the learned Munsiff, Thalassery, by communication dated 20.07.2022, has informed this Court that the suit is filed for a declaration that the general body election of the first defendant is illegal and for other consequential reliefs. In the suit there are altogether 38 defendants. Few of the defendants have been set exparte. Few of them have filed their written statements and others are yet to file their statements. There are more than 3319 suits pending before the said court. However, the court below would make every endeavour to dispose of the suit as per the time period fixed by this Court.
3. Heard; Sri.M.Sasindran, the learned counsel appearing for the petitioners. Even though notice has been served on the counsel appearing for the respondents before the court below, there is no appearance for them.
In the light of the pleadings and materials on record, after perusing communication of the learned Munsiff and after hearing the learned counsel appearing for the petitioners, in exercise of the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , I direct the Court of the Munsiff, Thalassery, to consider and dispose of O.S. No.187/2021, in accordance with law, as expeditiously as possible, at any rate, within a period of four months after the completion of pre-trial steps.
Sd/-
C.S.DIAS, JUDGE
APPENDIX OF OP(C) 1252/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S.NO. 187 OF 2021 ON THE FILES OF MUNSIFF COURT, THALASSERY IS PRODUCED HEREWITH Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT NOS. 1, 2, 3, 4 &
7 IN O.S.NO. 187 OF 2021 OF THE MUNSIFF COURT, THALASSERY IS PRODUCED HEREWITH Exhibit P3 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS NOS. 6, 9, 12, 14, 15, 17, 19, 22, 24, 26, 27, 28, 29 AND 38 IN O.S.NO. 187 OF 2021 BEFORE THE MUNSIFF COURT, THALASSERY IS PRODUCED HEREWITH Exhibit P4 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS NOS. 8, 10, 18, 20, 21, 25, 35 AND 36 IN O.S.NO. 187 OF
2021 BEFORE THE MUNSIFF COURT, THALASSERY IS PRODUCED HEREWITH
