IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31931 of 2003(B)
1. MADHAVAN EZHUTHASSAN, S/O.VELAYUDHAN
... Petitioner
Vs
1. PARAPPOOKKARA GRAMA PANCHAYATH,
... Respondent
For Petitioner :SRI.S.V.BALAKRISHNA IYER
For Respondent :SRI.T.M.CHANDRAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/06/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C)No.31931 OF 2003
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DATED THIS THE 12TH JUNE, 2007
J U D G M E N T
Even though Ext.P1 order of the learned Munsiff and Ext.P2
judgment of the learned Sub Judge are defended very emphatically by
Sri.T.M.Chandran, counsel for the Panchayat, I am of the view that the
courts below should have allowed the application for restoration
imposing terms.
2. Under these circumstances, setting aside Exts.P1 and P2, I
allow I.A.No.3037 of 2001 in O.S.790 of 1992 on condition that the
petitioner pays a sum of Rs.5000/- by way of costs to the respondent-
Panchayat, which can be paid either directly or through the counsel for
the Panchayat in this Court, and on a further condition that the
petitioner pays a sum of Rs.1000/- to the High Court Legal Services
Committee. Both the payments as directed above shall be made by
the petitioner within one month from today. If payments are not made
as directed above, the impugned orders will stand confirmed. If
payments are made within the stipulated time, I.A.3037 of 2001 will
stand allowed. Once payments are made and the order allowing
I.A.3037 of 2001 becomes operative, the learned Munsiff will take up
the question of maintainability of the suit as a preliminary issue, hear
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the parties and give a verdict on that issue first.
The Writ Petition is disposed of as above.
(PIUS C.KURIAKOSE, JUDGE)
tgl
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