SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 13876

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
ABDURAHIMANKUTTY – Appellant
Versus
P.ANANDAN – Respondent
OP(C) NO. 1036 OF 2021



Advocates:
For the Appellants/Petitioners: SHRI.K.I.MAYANKUTTY MATHER (SR.), SRI.VINEETH KOMALACHANDRAN
For the Respondents: SHRI.ABRAHAM MATHEW (VETTOOR), SRI.ANIL ABEY JOSE

The court upheld the lower court's decision to permit impleadment and amendment, aligning with procedural compliance.

Headnote:The petitioners challenge the order allowing the impleadment of Grama Panchayat as a defendant under Section 249 of the Panchayati Raj Act and the amendment of the plaint regarding an injunction against granting a building number. The court finds no reason to interfere with the order, allowing objections to be raised before the trial court. "The original petition is thus closed with the above observations."

Table of Content
1. challenge to impleadment and amendment under specific acts. (Para 1 , 2)
2. court's position on jurisdiction and refusal to interfere. (Para 3)

JUDGMENT

The petitioner challenges Ext.P7 order passed by the Munsiff Court, Koyilandy, permitting the impleadment of the Grama Panchayat as an additional defendant and also permitting the plaintiff to amend the plaint.

2. The grievance of the petitioner/defendant is that the impleadment of the Grama Panchayat is not in compliance with Section 249 of the Panchayati Raj Act . The petitioner is also aggrieved by the nature of the amendment sought, namely, to pass an injunction restraining the Grama Panchayat from granting a building number to the building constructed by the petitioner/defendant. According to the petitioner, the building had already been constructed and number had been allotted by the Panchayat, consequent to Ext.P6 order of this Court. It is further contended that the suit itself is barred by the provisions of Section 563 of the Municipality Act .

3. Having considered the nature of the contentions and the reasons stated in the impugned order, I am of the view that there are no reasons to interfere with Ext.P7 order in exercise of the extraordinary jurisdiction conferred on this Court under Article 227 of the Constitution of India. Whatever be the objections raised by the petitioner, they could be raised before the trial court when the case is taken up for final disposal.

The original petition is thus closed with the above observations.

Sd/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top