Vattapparambil Family Trust vs The State Of Kerala And Others
2021 Latest Caselaw 16002 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 2ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943
                     WP(C) NO. 20184 OF 2011
PETITIONER:

            VATTAPPARAMBIL FAMILY TRUST
            REP. BY ITS CHAIRMAN SURESH,, AGED 33,
            S/O.NARAYANAN, MUTTOM KARA,, MUTTOM VILLAGE,
            THODUPUZHA, IDUKKI DISTRICT.
            BY ADVS.
            SRI.G.SREEKUMAR (CHELUR)
            SRI.K.RAVI PARIYARATH

RESPONDENTS:

    1       THE STATE OF KERALA AND OTHERS
            REP. BY THE SECRETARY TO THE GOVERNMENT,, REVENUE
            DEPARTMENT, GOVT. SECRETARIAT,,
            THIRUVANANTHAPURAM, PIN-695001.
    2       THE TAHSILDAR
            THODUPUZHA-685584.
    3       REV.FR.JOHN PATTUMAKKAL
            VIKAR AND TRUSTEES, ST.PETER AND PAUL'S CHURCH,,
            PONNTHANAM P.O., PATTARATHATTA,, THODUPUZHA-
            685584.
    4       JOHNY SO.ABRAHAM
            PACHIKKARA HOUSE, PONTHANAM P.O.,, THATTARATHATTA,
            THODUPUZHA-685584.
    5       DAVID SO.ABRHAAM
            PACHIKKARA HOUSE, PONNTHANAM P.O.,,
            THATTARATHATTA, THODUPUZHA-685584.
    6       CHACO JOSEPH
            CHERIYIL HOUSE,, PONNTHANAM P.O.,, THATTARATHATTA,
            THODUPUZHA-685584.
            BY ADVS.SMT.MABLE.C.KURIAN, SR.GP
            SRI.S.V.BALAKRISHNA IYER SR.
            SRI.P.B.KRISHNAN
            SRI.P.B.SUBRAMANYAN

     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME   UP    FOR
ADMISSION     ON   02.08.2021,    THE     COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.20184/2011

                                   2




                   P.V.KUNHIKRISHNAN, J.
                     -------------------------------
                   W.P.(C).No.20184 of 2011
             ----------------------------------------------
           Dated this the 02nd day of August, 2021


                            JUDGMENT

This writ petition is filed with following prayers:

i. Issue an appropriate writ order or direction commanding the respondents to take into consideration Exts-P3 and P4 to decide upon the same within such time as may be fixed by this Hon'ble court in the interest of justice.

ii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

2. Today this matter came up in the defect list. The

Registry reported that service of notice to respondents 4 to 6

is not complete. This writ petition is pending from 2011

onwards. One of the prayer in this writ petition is to consider

Ext.P4 submitted before the 2nd respondent.

I think without expressing any opinion about the merit of

the case, there can be a direction to the 2 nd respondent to W.P.(C).No.20184/2011

consider Ext.P4, if it is not already disposed by the 2 nd

respondent, with notice to all the affected parties.

Therefore, this writ petition is disposed in the following

manner:

1. The 2nd respondent is directed to consider

Ext.P4 and pass appropriate orders in

accordance to law, after giving an opportunity

of hearing to the petitioner and respondents 3

to 6, as expeditiously as possible, at any rate,

within four months from the date of receipt of

a copy of this judgment.

2. If the 2nd respondent already passed orders on

Ext.P4, a copy of the same will be

communicated to the petitioner forthwith.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.20184/2011

APPENDIX OF WP(C) 20184/2011

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DEED OF TRUST EXECUTED ON 21.7.2010 AND REGISTERED AS DOCUMENT NO.117 OF 2010 OF THE THODUPUZHA SRO EXHIBIT P2 A TRUE COPY OF THE SURVEY SETTLEMENT REGISTER RELEVANT PAGE DATED NIL EXHIBIT P3 A TRUE COPY OF HTE LAWYER NOTICE ON BEHALF OF THE PETITIONER DATED 25.10.2010 EXHIBIT P4 A TRUE COPY OF HTE REQUEST OF HTE PETITIONER BEFORE THE TAHSILDAR, THODUPUZHA DATED 8.2.2011