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Judgment
C.S.Dias, J
The original petition is filed to direct the Court of Munsiff, Thamarassery, to consider and dispose of O.P. (Election) No.3/2021, within a time frame.
Pursuant to the order dated 02.11.2022 passed by this Court, the learned Munsiff, Thamarassery, by communication dated 05.11.2022, has reported as follows:-
“The above O.P.(Election) was filed on 15.01.2021, Kerala Municipality Act Under Section 164, 165,178 (I) (d) (iii) (iv), 179 (a). Petitioner filed I.A.2/2022 for producing 46 documents. IA. 2/2022 allowed on 05.02.2022. Returning Officer produced only 14 documents on 21.02.2022. Hence the petitioner filed I.A.4/2022 for issue memo to the District Collector to produce the document showing I.A.2/2022. Notice ordered on 07.07.2022 and posted to 03.08.2022. On 03.08.2022 petitioner not remitted witness batta. On 21.10.2022 repeat notice ordered again petitioner not remitted batta. On 21.10.2022 ordered repeat notice last chance and case posted to 17.11.2022.
The petitioner not paid batta for the time being, could not receive documents from the District Collector and not able to start further proceedings in this case.
The report is respectfully submitted.”
In the light of the above report, I am of the definite view that the petitioner is not entitled to any discretionary relief under Article 227 of the Constitution of India to direct the court below to dispose of O.P. (Election) No.3/2021 as prayed for in the original petition. The original petition is devoid of any merits and is hence dismissed.
