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2022 Supreme(Online)(KER) 16615

HIGH COURT OF KERALA
VARGHESE – Appellant
Versus
SECRETARY – Respondent


J U D G M E N T

The original petition is filed challenging the order dated 18.06.2022 in I.A.No.1/2022 in unnumbered O.S. of 2022 (Ext.P5) of the Court of the Principal Munsiff, Thrissur.

2. The skeletal facts relevant for the determination of the original petition are: the petitioner is the plaintiff in the above suit filed against the respondents. The suit is filed for a permanent prohibitory injunction, to restrain the respondents and their men from breaking down the boundary wall of the petitioner. Along with Ext.P1 plaint, the petitioner had filed I.A.No.1/2022(Ext.P2 application), to dispense with notice to the respondents as required under Section 249 of the Kerala Panchayat Raj Act , 1994(in short, ‘Act’). The application was opposed by the respondent 1 and 3, who filed Exts P3 and P4 written objections. The court below, by the impugned Ext.P5 order, dismissed Ext.P2 application finding that no sufficient grounds were made out to establish the urgent intervention of the court. Ext.P5 is erroneous and wrong. Hence, the original petition.

3. Heard; Sri. P.G.Jayashankar, the learned counsel appearing for the petitioner and Sri. P.P.Thajudeen, the learned standing counsel appear

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