Kerala High Court
Saji Abraham vs District Collector on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 27874 OF 2012
PETITIONERS:
1 SAJI ABRAHAM
AGED 36 YEARS
S/O.ABRAHAM, VARIKKANIKUZHYIL @ ALUMKAL CHUZHUKUNNIL,
NJAHOOR MURI, AYROOR VILLAGE, AYROOR NORTH P.O., RANNI
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 612.
2 ALEYAMMA
AGED 78 YEARS
W/O.ABRAHAM, VARIKKANIKUZHYIL @ ALUMKAL CHUZHUKUNNIL,
NJAHOOR MURI, AYROOR VILLAGE, AYROOR NORTH P.O., RANNI
TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 612.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENTS:
1 DISTRICT COLLECTOR
CIVIL STATION, PATHANAMTHITTA, PIN - 689 645.
2 REVENUE DIVISIONAL OFFICER MAINTENANCE TRIBUNAL
THIRUVALLA, PATHANAMTHITTA DIST.
3 VILLAGE OFFICER
AYROOR VILLAGE, RANNI TALUK, PATHANAMTHITTA DIST.
4 CIRCLE INSPECTOR OF POLICE
KOZHENCHERRY, PATHANAMTHITTA DIST.
5 ABRAHAM
AGED 78 YEARS
S/O.ABRAHAM, VARIKKANIKUZHYIL NJAHOOR MURI, AYROOR
VILLAGE, AYROOR NORTH P.O., RANNI TALUK, PATHANAMTHITTA
DISTRICT, PIN - 689 612 (NOW RESIDING AT "ODALOLIL
PUTHENVEETIL", KOLABHAGAM P.O., THADIYOOR,
WP(C) NO. 27874 OF 2012
2
THOTTAPUZHASSERY VILLAGE, THIRUVALLA,
PATHANAMTHITTA DIST.)
BY ADVS.
SRI.SUNIL N.SHENOI
SRI.P.VISWANATHAN
SMT.MABLE C KURIAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 27874 OF 2012
3
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 27874 OF 2012
===================
Dated this the 23rd day of July 2021
JUDGMENT
The above writ petition is filed with following
prayers;
" i. Issue a Writ in the nature of Certiorari
or any other writ, order or direction calling for the
records leading to the issuance of Exhibit P3 Order
passed by the 2nd respondent and quash the same;
ii. Declare that all further proceedings
initiated by the respondents pursuant to Exhibit P3
are illegal;
iii. Issue a Writ in the nature of mandamus
or any other writ, order or direction commanding
the 3rd respondent to cancel all alterations/ changes
made in the revenue records pursuant to Exhibit P3
and to restore the details as on 02.02.2012.
iv. Issue such other appropriate writ, order
or direction as this Hon'ble Court may deem just
and fit in the circumstances of the case."
2. Today, when the matter came up for
WP(C) NO. 27874 OF 2012
consideration, the learned counsel for the parties
submitted that, I.A. No. 1/2021 is filed to accept the
additional documents in which Ext.P11 judgment and
Ext.P11 (a) compromise petition are produced in which it
is stated that, the parties settled the matter. The relevant
portion of the compromise petition is extracted
hereunder;
" b. All parties accept and affirm the
judgment and decree passed by the Munsiffs Court,
Ranni in O.S.No.205 of 2012 and O.S.No.243 of
2012. declaring Exhibit A3 Cancelation deed
No.1640 of 2011 and Exhibit A4 Sale deed No.306
of 212 of Aranmula Sub Registry as null and Void.
c. Parties are hereby withdrawing all
allegations raised against each other in above said
proceedings. The 3rd respondent has no grievance
against the 1st respondent and he does not wish to
pursue any legal proceedings against him.
d. The 1st respondent has agreed to
convey and transfer one half portion in the decree
schedule property having an extent of 76.77 Ares
comprised in survey No.226/4 of Ayroor Village
based on Exhibit A1, Settlement deed
No.1571/2009 of Aranmula Sub Registry in favour
of the 1st appellant by executing and registering a
deed of conveyance, within a period of 12 months
from the date of the decree, at the cost of the 1 st
appellant.
WP(C) NO. 27874 OF 2012
e. The appellants and 3rd respondent have
no objection in allowing W.P.C No.27874 of 2012
pending before this Hon'ble Court."
3. In the light of the above compromise petition,
the learned counsel for the contesting respondent also
submitted that, there are no objection in quashing Ext.P3
order.
Therefore, in the light of the above settlement, this
writ petition is allowed. Ext.P3 order is quashed. No cost.
(Sd/-)
P.V.KUNHIKRISHNAN
JUDGE
LU
WP(C) NO. 27874 OF 2012
APPENDIX OF WP(C) 27874/2012
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SETTLEMENT DEED NO.157/2009
OF ARANMULA S.R.O
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT NO.
2085717 DATED 16.03.2012 OF AYROOR V.O
EXHIBIT P3 TRUE COPY OF ORDER DATED 02.02.2012
BEARING NO.K.DIS/270/2012/A4 ISSUED BY
THE 2ND RESPONDENT
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 9.11.2012
BEARING NO.B1-3528/2012 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P5 TRUE COPY OF ORDER DATED 05.11.2002
BEARING NO.B3-29440/2012 ISSUED BY THE
1ST RESPONDENT
EXHIBIT P6 CERTIFIED COPY OF THE NOTICE DATED
17.01.2012
EXHIBIT P7 TRUE COPY OF COMMON JUDGMENT DATED
23.12.2015 IN O.S.NO.205/2012,
O.S.NO.241/2012 AND O.S.243/2012 BEFORE
THE COURT OF THE MUNSIFF, RANNI
EXHIBIT P8 TRUE COPY OF COMMON JUDGMENT DATED
19.06.2016 IN A.S.NO.10/2016,
.S.NO.11/2016 AND A.S.12/2016 BEFORE THE
DISTRICT COURT, PATHANAMTHITTA
EXHIBIT P9 TRUE COPY OF LETTER BEARING NO.
03.11.2017 BEARING NO.G2-10295/15 ISSUED
TO THE FIRST PETITIONER BY TAHSILDAR (LR)
EXHIBIT P10 TRUE COPY OF LAND TAX RECEIPT BEARING
WP(C) NO. 27874 OF 2012
NO.2888933 DATED 25.04.2017 OF AYROOR
VILLAGE
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED
20.01.2021 IN RSA NO.97/2017 BEFORE THIS
HON'BLE COURT.
EXHIBIT P11(a) TRUE COPY OF THE COMPROMISE PETITION
FILED AS IA NO.1 OF 2020 IN RSA NO.97 OF
2017 BEFORE THIS HON'BLE COURT.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
