Kerala High Court
Krishnanunni vs Abdul Gafoor.P.C on 22 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
RP.No.745 OF 2019 IN WP(C). 23343/2018
JUDGMENT IN WP(C) 23343/2018(P) OF HIGH COURT OF KERALA
DATED 6.9.2018
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REVIEW PETITIONER/NOT PARTY IN WPC No.23343/2018 :-
KRISHNANUNNI, AGED 45 YEARS
S/O.LATE SANKARAN NAMBOOTHIRI,
HAVING PERMANENT RESIDENCE AT ATHANIKKAL HOUSE,
ERANAD, P.O.KARUVUMBRAM,
MALAPPURAM DISTRICT, PIN - 676 123
AND ON ACCOUNT OF EMPLOYMENT ABROAD HAVING PRESENT
ADDRESS AT DUBAI INVESTMENT PART No.1, DUBAI,
UNITED ARAB EMIRATES REPRESENTED BY
HIS WIFE AND POWER OF ATTORNEY HOLDER SUGATHA,
AGED 34 YEARS, W/O.KRISHNANUNNI,
ATHANIKKAL HOUSE, ERANAD, P.O.KARUVUMBRAM,
MALAPPURAM DISTRICT, PIN - 676 123.
BY ADV. SMT.JAYASREE K.P.
RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 3 IN WPC :-
1 ABDUL GAFOOR.P.C
S/O.MUHAMMED, PAMANGATTU CHEMBAZHI,
PERUVALLUR P.O., KONDOTTY,
MALAPPURAM DISTRICT - 673 638.
2 THE DISTRICT COLLECTOR,
MALAPPURAM DISTRICT - 676 505.
3 THE TAHASILDAR,
THIROORANGADI, MALAPPURAM DISTRICT - 676 306.
4 THE VILLAGE OFFICER,
PERUVALLUR, THIROORANGADI TALUK,
MALAPPURAM DISTRICT - 676 306.
BY SRI.BIJOY CHANDRAN, SR.GP
R1 BY ADV. SRI.C.HARIKUMAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
22.03.2021, ALONG WITH RP.150/2019, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
RP.Nos.745 & 150 OF 2019
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943
RP.No.150 OF 2019 IN WP(C). 23343/2018
JUDGMENT IN WP(C) 23343/2018(P) OF HIGH COURT OF KERALA
DATED 6.9.2018
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REVIEW PETITIONERS/RESPONDENTS 1 TO 3 IN WPC :-
1 THE DISTRICT COLLECTOR
MALAPPURAM DISTRICT - 676 505.
2 THE TAHSILDAR,
THIROORANGADI, MALAPPURAM DISTRICT - 676 306.
3 THE VILLAGE OFFICER,
PERUVALLUR, THIROORANGADI TALUK,
MALAPPURAM DISTRICT - 676 306.
BY SRI.BIJOY CHANDRAN, SR.GP
RESPONDENT/PETITIONER IN WPC :-
ABDUL GAFOOR.P.C
S/O.MUHAMMED, PAMANGATTU CHEMBAZHI,
PERUVALLUR P.O., KONDOTTY, MALAPPURAM - 673 638.
BY ADV. SRI.C.HARIKUMAR
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22.03.2021,
ALONG WITH RP.745/2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP.Nos.745 & 150 OF 2019
-: 3 :-
O R D E R
[RP.745/2019 and RP.150/2019]
Dated this the 22nd day of March, 2021
Heard the learned counsel for the review petitioner in R.P.
No.745/2019 and the learned Government Pleader as well as the
learned counsel for the writ petitioner.
2. It is submitted by the learned counsel for the review
petitioner in R.P. No.745/2019 that the property which was covered in
the judgment was a completely different property and that the
judgment was, therefore, flout by errors of fact apparent on the face
of the record. In the review petition filed by the learned Government
Pleader, a survey sketch has been produced and the writ petitioner
claims to be in possession of plot Nos.14 and 15 in Annexure I sketch
while plot No.16 is the plot which was originally held by Raman
Namboothiri and transferred to Jithesh. It is submitted that the
identity of the property is completely erroneous and that as such, the
judgment is vitiated by errors of fact. It is submitted that the actual
facts could not be brought to the notice of this Court when the
counter affidavit had been placed on record.
3. Having heard the learned counsel on either side and
having considered the contentions raised, I am of the opinion that
since a claim has been raised by the review petitioner in R.P.
RP.Nos.745 & 150 OF 2019
No.745/2019 that he is the owner of the property referred to in the
writ petition, the issue requires a fresh consideration.
The review petitions are, therefore, allowed. The judgment
is recalled. The petitioner in R.P. No.745/2019 shall be impleaded as
a party in W.P.(C) No.23343/2018 and the writ petition shall be heard
afresh.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/23.3.2021
RP.Nos.745 & 150 OF 2019
APPENDIX OF RP 745/2019
PETITIONER'S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE PURCHASE CERTIFICATE DATED
22.8.1978 ISSUED FROM VENGARA LAND TRIBUNAL TO
LATE SANKARAN NAMBOOTHIRI
ANNEXURE 2 TRUE COPY OF THE PROCEEDINGS DATED 6.4.2017 OF
CHAIRMAN, LAND BOARD, THIROORANGADI TALUK.
ANNEXURE 3 TRUE COPY OF THE TAX RECEIPT DATED 22.4.2017
ISSUED BY PERUVALLUR VILLAGE TO LATE SANKARAN
NAMBOOTHIRI.
ANNEXURE 4 TRUE COPY OF THE WILL No.17 OF 2013 OF MALAPPURAM
SUB REGISTRY.
ANNEXURE 5 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED
BY THE TALUK OFFICE, NILAMBUR.
ANNEXURE 6 TRUE COPY OF THE BASIC TAX RECEIPT DATED
27.12.2018 ISSUED BY THE VILLAGE OFFICER,
PERUVALLUR.
ANNEXURE 7 TRUE COPY OF THE BASIC TAX RECEIPT DATED 28.5.2018
ISSUED BY THE VILLAGE OFFICER, PERUVALLUR.
ANNEXURE 8 TRUE COPY OF THE BASIC TAX RECEIPT DATED 2.4.2019
ISSUED BY THE VILLAGE OFFICER, PERUVALLUR.
ANNEXURE 9 TRUE COPY OF POSSESSION CERTIFICATE DATED 3.1.2019
BY THE PERUVALLUR VILLAGE OFFICE.
ANNEXURE 10 TRUE COPY OF THE NOTICE DATED 29.9.2018 ISSUED BY
THE TAHASILDAR TALUK OFFICE, THIRURANGADI.
ANNEXURE 11 TRUE COPY OF THE STATEMENT DATED 10.10.2018.
ANNEXURE 12 TRUE COPY OF THE LETTER DATED 18.9.2018 ISSUED BY
THE VILLAGE OFFICER PERUVALLUR TO TAHASILDAR,
THIRURANGADI.
ANNEXURE 13 TRUE COPY OF THE LETTER DATED 12.11.2018 ISSUED BY
THE HEAD SURVEYOR, TALUK LRM THIRURANGADI TO THE
TAHASILDAR (LAND RECORDS) THIRURANGADI TOGETHER
WITH THE SKETCH APPENDED THEREWITH.
RP.Nos.745 & 150 OF 2019
ANNEXURE 14 TRUE COPY OF THE JUDGMENT DATED 08/11/2016 IN W.P.
(C) No.25115 OF 2016.
APPENDIX OF RP 150/2019
PETITIONER'S EXHIBITS:
ANNEXURE I TRUE COPY OF THE SKETCH PREPARED BY THE TALUK HEAD
SURVEYOR.
//TRUE COPY//
P.A. TO JUDGE
