IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
RP NO. 441 OF 2022
AGAINST THE JUDGMENT DATED 18.03.2022 IN WP(C) 5506/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONER:
SUKUMARAN NAMBIAR K.T., AGED 70 YEARS
S/O. SANKARAN NAMBIAR, MANDOKUNI HOUSE,
VELLAMUNDA (VIA), KOTTARAKUNNU POST,
MANANTHAVADY TALUK, WAYANAD DISTRICT,, PIN - 670731
BY ADVS.
C.M.MOHAMMED IQUABAL
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENTS:
1 DINESH KUMAR, MANDOKKUNNI HOUSE, KOTTARAKKUNNU P.O.,
VELLAMUNDA, WAYANAD DISTRICT,, PIN - 670731
2 THE DISTRICT COLLECTOR, COLLECTORATE, WAYANAD,
NORTH KALPETTA.P.O., WAYANAD DISTRICT,, PIN - 673122
3 THE THAHSILDAR, TALUK OFFICE, MANANTHAVADY TALUK,
WAYANAD DISTRICT, PIN - 670645
4 THE VILLAGE OFFICER, VELLAMUNDA VILLAGE OFFICE,
WAYANAD DISTRICT,, PIN - 670731
SRI. M.P.ASHOK KUMAR
SRI. BYJU RAJ G - SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP NO. 441 OF 2022
2
JUDGMENT
This petition, seeking review of the judgment of this Court dated 18.03.2022, has been filed by the petitioner asserting that the writ petitioner has suppressed material facts and information from this Court while obtaining it.
2. The specific case of the review petitioner, as argued by the learned counsel - Sri.C.M.Mohammed Iquabal, is that the factum of a partition suit pending before the Trial Court was suppressed, which is ineluctable since the learned counsel for the writ petitioner is recorded to have submitted that no such proceedings are pending. He vehemently submitted that, on the contrary, Annexures A4 and A5 orders of the Sub Court, Sulthan Bathery, establishes that a partition suit is still pending and that the Hon'ble Supreme Court has already directed that the said suit will be disposed of in terms of law.
3. I must say upfront that some of the submissions made on behalf of the writ petitioner and which has been recorded in the judgment sought to be reviewed cannot be held to be accurate. This is because, going by Annexures A4 and A5, O.S.No.71/2020 is seen pending before the Sub Court, RP NO. 441 OF 2022 3 Sulthan Bathery, though in the latter of the orders, the said Court has only said that the transfer of the property involved in the said suit will be governed by the rigor of Section 52 of the Transfer of Property Act. Pertinently, this order was issued after vacating Annexure A4 order, which was passed on an earlier date, through which the alienation of the plaint schedule properties had been absolutely interdicted.
4. Therefore, though the submissions made on behalf of the writ petitioner, that no civil proceedings are pending before the Trial Court, cannot appeal to me and though this certainly appears to be prima facie in error, I do not think that any modification to the judgment would be necessary because unless there is a complete interdiction by the Trial Court, the respondents are not obligated to maintain status quo with respect to the property. This is more so because, in Annexure A5, the Trial Court has already clarified that any transfer will be subject to the principles of lis pendens.
5. I am, therefore, of the firm view that this Court will be justified in disposing of this review petition; however, clarifying that any certificate to be issued to the writ petitioner in terms of the directions in the judgment will contain an endorsement that the same is issued subject to the RP NO. 441 OF 2022 4 ongoing proceedings before the Sub Court, Sulthan Bathery, namely O.S.No.71/2020. I am certain that if such endorsements are made on the certificates, the rival positions and interest will be sufficiently balanced.
6. I also leave liberty to the writ petitioner or any other person to approach the Sub Court, Sulthan Bathery for an expeditious disposal of the suit; in which event, the same shall be so endevoured by the Sub Court, without any avoidable delay.
This review petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu RP NO. 441 OF 2022 5 APPENDIX OF RP 441/2022 PETITIONER ANNEXURES Annexure -A1 THE TRUE COPY OF THE ORDER IN SLP. NO.
16724/2021 OF THE HON'BLE SUPREME COURT OF INDIA DATED 25.10.2021 Annexure -A2 THE TRUE COPY OF THE PLAINT IN O.S. NO.
71/2020 OF THE SUB COURT, SULTHAN BATHERY DATED 27.10.2020 Annexure -A3 THE TRUE COPY OF THE WILL NO. 44/111/1996 OF SRO MANANTHAVADY DATED 25.09.1996 EXECUTED BY DECEASED SANKARAN NAIR Annexure -A4 THE TRUE COPY OF ORDER IN I.A. NO. 2/2020 IN O.S. NO. 71/2020 DATED 04.11.2020 OF THE SUB COURT, SULTHAN BATHERY Annexure -A5 THE TRUE COPY OF ORDER IN I.A. NO. 2/2020 IN O.S. NO. 71/2020 DATED 25.03.2021 OF THE SUB COURT, SULTHAN BATHERY