Citation : 2021 Latest Caselaw 17002 Ker
Judgement Date : 12 August, 2021
WP(C) No.8010/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 12th day of August 2021 / 21st Sravana, 1943
WP(C) NO. 8010 OF 2021(A)
PETITIONER:
1.M.K.ULLAS AGED 44 YEARS S/O KARUNAKARAN, MEDEPARAMBIL HOUSE,
RAMANCHIRA, THIRUVALLA, NOW RESIDING AT MEDEPARAMPIL HOUSE, MUTHOOR
MURI, MUTHOOR P.O, KUTTAPPUZHA VILLAGE, PIN-689103.
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION,,
PATHANAMTHITTA, PIN-689645.
3. TAHSILDAR THIRUVALLA TALUK OFFICE, THIRUVALLA, PIN-689101.
4. TAHSILDAR (LAND RECORDS) TALUK OFFICE, THIRUVALLA, PIN-689101.
5. EXECUTIVE ENGINEER, KERALA PUBLIC WORKS DEPARTMENT, KERALA STATE
TRANSPORT PROJECT, (KSTP), REST HOUSE COMPOUND, MOOVATTUPUZHA,
PIN-686661.
6. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (ROADS), PATHANAMTHITTA,
OFFICE OF THE PUBLIC WORKS DEPARTMENT (ROADS), PWD ROAD, SUB
DIVISION, PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN CODE-691523.
7. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS, THIRUVALLA, PIN-689101.
8. SRI. SUKUMARAN. KARIPPAKUZHIYIL, THIRUMOOLAPURAM P.O, THIRUVALLA,
PIN-689115.
9. SMT. LALITHAMMA SUKUMARAN, KARIPPAKUZHIYIL, THIRUMOOLAPURAM P.O,
THIRUVALLA, PIN-689115.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to pass an order directing the respondents 1 to 7 not to enter
into properties of the petitioner's covered bypurchase certificate No: OA
412/1970 of the Land Tribunal, Thiruvalla, Ext. P1 and P4, which is in his
possessionor to take over it or to dispossess the petitioner from it,
during the pendency of the Writ Petition(Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's judgment dated
3/8/2021 and upon hearing the arguments of M/S P.HARIDAS, SRI.BIJU
HARIHARAN, SRI.P.C.SHIJIN, SRI.RISHIKESH HARIDAS Advocates for the
petitioners, M/S GOVERNMENT PLEADER for R1 to R7 and of SHRI.P.M.JOSHI for
R8 & R9 , the court passed the following:
WP(C) No.8010/2021 2/3
APPENDIX OF WP(C) 8010/2021
EXHIBIT P1 TRUE COPY THE UDAMPADI NO. 1380/1980 DATED 2.6.1980.
EXHIBIT P4 TRUE COPY THE WILL DATED 7.2.2011.
EXHIBIT P9 TRUE COPY THE JUDGMENT OF WPC NO.8214/2017 OF THIS
HON'BLE COURT DATED 8.10.2018.
WP(C) No.8010/2021 3/3
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.C.No.8010 of 2021
--------------------------------------
Dated this the 12th day of August, 2021
ORDER
This writ petition was disposed of in open court on 3.8.2021. Later, based
on submissions of the learned Government Pleader, the case was posted as 'to
be spoken to'.
Having heard Smt. Amminikutty, the learned senior Government pleader,
and having considered the submissions, the judgment will stand recalled. The
learned Government pleader shall ascertain as to whether the directions in
Ext.P9 judgment have been complied with.
Post on 27.8.2021.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE ps
12-08-2021 /True Copy/ Assistant Registrar
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