P UPENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the plaintiff and respondents the defendants in the unnumbered suit before Principal Munsiff, Thiruvananthapuram. Suit was filed along with I.A.7822/06 an application under sub section (2) of Section 80 of the code of Civil Procedure for leave to institute the suit without sending a notice under section 80 of Code of Civil Procedure. Under Ext.P6 order, learned Munsiff dismissed the application holding that the object behind the filing of the suit is only to value the acquired property and it is not an urgent or immediate relief and therefore petitioner is not entitled to get leave to institute the suit without sending a notice under section 80 of the Code of Civil Procedure. This petition is filed under Article 227 of the Constitution of India challenging Ext.P6 order.

(2.) Learned counsel appearing for petitioner and Government pleader were heard.

(3.) The case of petitioner was that before taking possession of the acquired property unless the data regarding the nature of the property is not ascertained, petitioner will be left with no remedy and in such circumstance, it is necessary to get appointment of a Commission urgently and hence learned Munsiff should have granted the leave sought for.