K.E.Prameela vs State Of Kerala

Citation : 2022 Latest Caselaw 9170 Ker
Judgement Date : 1 August, 2022

Kerala High Court
K.E.Prameela vs State Of Kerala on 1 August, 2022
                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         MONDAY, THE 1st DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                          RFA NO. 398 OF 2017 (J)
AGAINST THE JUDGMENT & DECREE DATED 24.01.2017 IN OS No.244/2008 OF I
                      ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/PLAINTIFF:
           PONNAMPARAMBATH AYISHABI, AGED 58 YEARS,
           D/o PONNAMPARAMBATH USSAIN HAJI, W/o V.AHAMEDKUTTY,
           RESIDING AT 'HILL WOOD', RARICHAN ROAD,
           KATCHERI AMSOM DESOM, KOZHIKODE TALUK,
           CALICUT - 673 006.

            BY ADVS. SRI.V.V.SURENDRAN
                     SRI.P.A.HARISH


RESPONDENTS/DEFENDANTS:
     1     STATE OF KERALA, REPRESENTED BY SECRETARY,
           DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
           SECRETARIAT, THRIUVANANTHAPURAM.

     2      THE DISTRICT COLLECTOR, KOZHIKODE DISTRICT,
            CIVIL STATION, NEDUNGOTTOOR AMSON AND DESOM,
            KOZHIKODE - 674 020.

     3      THE TAHSILDAR, TALUK OFFICE, CIVIL STATION,
            NEDUNGOTTOOR AMSOM AND DESOM, KOZHIKODE - 673 020.

     4      MR.P.UPPI (AGE AND FATHERS NAME NOT KNOWN),
            DEPUTY COLLECTOR (LA) RETD., KUZHINILAM,
            COFFEE BOARD ROAD, POST KANIYARAM, KANIYARAM,
            MANANTHAVADI, WAYANADU - 670 645.

     5      MR.CLEMENT (AGE AND FATHERS NAME NOT KNOWN),
            TAHSILDAR, TALUK OFFICE, CIVIL STATION,
            NEDUNGOTTOR AMSOM AND DESOM, KOZHIKODE - 673 020.

            R1 TO R3 BY GOVERNMENT PLEADER SRI. S. UNNIKRISHNAN


     THIS   REGULAR   FIRST   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
01.08.2022, ALONG WITH RFA.399/2017, 138/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 RFA Nos.398 &399 of 2017 & 138 of 2022    2



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                    THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          MONDAY, THE 1st DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                              RFA NO. 399 OF 2017 (J)
AGAINST THE JUDGMENT & DECREE DATED 28.01.2017 IN OS No.242/2008 OF I
                        ADDITIONAL SUB COURT, KOZHIKODE
APPELLANTS/APPELLANTS/PLAINTIFFS:

      1       K.E. RAMACHANDRAN, AGED 84 YEARS,
              S/o K.E IMBICHAN, RESIDING AT 19/155,
              VELLAIKOTT HOUSE, CHALAPPURAM POST,
              KASABA AMSOM DESOM, KOZHIKODE.

      2       K.E.VIJAYA SANKER, AGED 82 YEARS,
              S/o K.E IMBICHAN, RESIDING AT 19/155,
              VELLAIKOTT HOUSE, CHALAPPURAM POST,
              KASABA AMSOM DESOM, KOZHIKODE.

      3       K.E.SURENDRAN, AGED 78 YEARS,
              S/o K.E IMBICHAN, RESIDING AT 19/155,
              VELLAIKOTT HOUSE, CHALAPPURAM POST,
              KASABA AMSOM DESOM, KOZHIKODE

      4       K.E.CHANDRA MOHAN, AGED 74 YEARS,
              S/o K.E IMBICHAN, RESIDING AT 19/155,
              VELLAIKOTT HOUSE, CHALAPPURAM POST,
              KASABA AMSOM DESOM, KOZHIKODE

      5       MRS.SHYAMALA BALAKRISHNAN, AGED 76 YEARS,
              W/o LATE K.E BALAKRISHNAN, RESIDING AT 3/891,
              PANICKER ROAD, POST NADAKKAVU,
              KATCHERI AMSOM DESOM, KOZHIKODE

      6       SUNIL.K.E, AGED 58 YEARS, S/o LATE K.E BALAKRISHNAN,
              RESIDING AT 3/891, PANICKER ROAD, POST NADAKKAVU,
              KATCHERI AMSOM DESOM, KOZHIKODE, REP. BY POA HOLDER
              SHYAMALA BALAKRISHNAN, 5TH APPELLANT.
 RFA Nos.398 &399 of 2017 & 138 of 2022     3




      7       SANTHOSH.K.E, AGED 54 YEARS,
              S/o LATE K.E BALAKRISHNAN, RESIDING AT 3/891,
              PANICKER ROAD, POST NADAKKAVU, KATCHERI AMSOM DESOM,
              KOZHIKODE, REP. BY POA HOLDER SHYAMALA BALAKRISHNAN,
              5TH APPELLANT.

      8       SUJITH.K.E, AGED 49 YEARS,
              S/o LATE K.E BALAKRISHNAN, RESIDING AT 3/891,
              PANICKER ROAD, POST NADAKKAVU, KATCHERI AMSOM DESOM,
              KOZHIKODE, REP. BY POA HOLDER SHYAMALA BALAKRISHNAN,
              5TH APPELLANT.

              BY ADVS. SRI.V.V.SURENDRAN
                       SRI.P.A.HARISH


RESPONDENTS/DEFENDANTS:

      1       STATE OF KERALA, REPRESENTED BY SECRETARY,
              DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
              SECRETARIAT, THIRUVANANTHAPURAM - 695 001

      2       DISTRICT COLLECTOR, KOZHIKODE DISTRICT,
              CIVIL STATION, NEGUNGOTTOR AMSOM AND DESOM,
              KOZHIKODE- 673 020

      3       TAHSILDAR, TALUK OFFICE, CIVIL STATION,
              NEGUNGOTTOR AMSOM AND DESOM, KOZHIKODE- 673 020

      4       MR.UPPI, AGE AND FATHERS NAME NOT KNOWN TO THE
              APPELLANTS, DEPUTY COLLECTOR, (LA), (RETIRED),
              KUZHINILAM, COFFEE BOARD ROAD, POST KANIYARAM,
              MANANTHODY, WAYANAD- 670 645

      5       MR.P.M.BABU, TAHSILDAR, TALUK OFFICE, CIVIL STATION,
              NEGUNGOTTOR AMSOM AND DESOM, KOZHIKODE- 673 020

              R1 TO R3 BY GOVERNMENT PLEADER SRI. S.UNNIKRISHNAN


      THIS    REGULAR    FIRST    APPEAL       HAVING   COME   UP   FOR   ADMISSION   ON
01.08.2022, ALONG WITH RFA.398/2017 AND 138/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 RFA Nos.398 &399 of 2017 & 138 of 2022     4

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                    THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          MONDAY, THE 1st DAY OF AUGUST 2022 / 10TH SRAVANA, 1944
                              RFA NO. 138 OF 2022 (D)
AGAINST THE JUDGMENT & DECREE DATED 28.02.2017 IN OS No.243/2008 OF I
                        ADDITIONAL SUB COURT, KOZHIKODE
APPELLANT/PLAINTIFF:
           K.E.PRAMEELA, AGED 64 YEARS,
           D/o PADMANABHAN, 19/1555, VELLAYIKOTT HOUSE,
           POST CHALAPPURAM, KASABA AMSOM DESOM, KOZHIKODE -673002.

              BY ADVS. V.V.SURENDRAN
                       P.A.HARISH


RESPONDENTS/DEFENDANTS:
     1     STATE OF KERALA, REP.BY SECRETARY, DEPT. OF REVENUE,
           GOVT.OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

      2       DISTRICT COLLECTOR, KOZHIKODE DISTRICT,
              CIVIL STATION, NEDUNGOTTUR AMSOM AND DESOM, KOZHIKODE -20

      3       TAHSILDAR, TALUK OFFICE, CIVIL STATION,
              NEDUNGOTTUR AMSOM AND DESOM, KOZHIKODE-20.

      4       Mr.P.UPPI, AGE AND FATHERS NAME NOT KNOWN TO THE APPELLANT,
              DEPUTY COLLECTOR (LA) (RETIRED), KUZHI NILAM,
              COFEE BOARD ROAD, POST KANIYARAM, MANANTHAVADY,
              WAYANAD DISTRICT.

      5       Mr. CLEMANT (AGE AND FATHERS NAME NOT KNOWN TO THE
              APPELLANT), TAHSILDAR, TALUK OFFICE, CIVIL STATION,
              NEDUNGOTTUR AMSOM AND DESOM, KOZHIKODE -20

              (RESPONDENT Nos.4& 5 ARE DELETED FROM THE PARTY ARRAY AS PER
              ORDER IN IA 1274/17 DATED 19.08.2017)


      THIS    REGULAR    FIRST    APPEAL       HAVING   COME   UP   FOR   ADMISSION   ON
01.08.2022, ALONG WITH RFA.398/2017 AND 399/2017, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 RFA Nos.398 &399 of 2017 & 138 of 2022     5



                                         JUDGMENT

Appeals not pressed into service, fairly submitted by the learned counsel for the appellants. A memo to that effect is also filed. Hence, all the appeals will stand dismissed as not pressed.

Sd/-

P.SOMARAJAN JUDGE DMR/-