Citation : 2021 Latest Caselaw 22455 Ker
Judgement Date : 9 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA,
1943
WP(C) NO. 5194 OF 2010
PETITIONER/S:
KARIMBANAKKAL MOOSAKUTTY
S/O.KUNHIMOIDEEN, TIRUNNAVAYA AMSOM, PALLAR
DESOM,, SOUTH PALLAR, VAIRANKODE P.O.,,
TIRUNAVAYA, TITUR TALUK.
BY ADV SRI.K.K.MOHAMED RAVUF
RESPONDENT/S:
1 THE DISTRICT COLLECTOR AND OTHERS
MALAPPURAM.
2 THE REVENUE DIVISIONAL OFFICER
TIRUR.
3 KANDARAPARAMBIL KUMARAN
S/O.UNNI, THIRUNAVAYA AMSOM, PALLAR DESOM,,
VAIRANKODE P.O., TIRUNAVAYA, TIRUR TALUK.
4 KONDARAPARAMBIL SUBRAMONIYAN
S/O.VELAYUDHAN, TIRUNAVAYA AMSOM,, PALLAR DESOM,
VAIRANKODE P.O., TIRUNAVAYA,, TIRUR TALUK.
BY ADVS.
SRI.C.V.MANUVILSAN
SRI.P.G.SURESH
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 09.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 5194 of 2010
P.V.KUNHIKRISHNAN, J.
==============================================
W.P.(C) No.5194 of 2010
====================================================================
Dated this the 9th day of November, 2021
JUDGMENT
The above writ petition is filed with the following
prayers:
i. To call for the records leading to Exhibit P1 to P17 and issue a writ of mandamus or any other appropriate writ, order or direction quashing Exhibit P17 order.
ii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to reconsider Exhibit P11 after hearing all parties concerned including the petitioner and respondents 3 and 4 in compliance to Exhibit P14 judgment.
iii. To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to forbear respondents 3 and 4 from using the family name of the petitioner "karimbanakkal".
iv. to grant such other reliefs as may be prayed
W.P.(C). No. 5194 of 2010
for and which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."
2. After hearing the learned counsel for the
petitioner in detail, according to me, this is a matter
to be agitated before the Civil Court. Therefore,
without expressing any opinion on merit, this writ
petition is disposed of giving liberty to the petitioner
to approach the civil Court to redress the grievance, if
any. All the contentions of the petitioner in this writ
petition are left open.
sd/-
P.V.KUNHIKRISHNAN JUDGE das
W.P.(C). No. 5194 of 2010
APPENDIX OF WP(C) 5194/2010 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST OF WARD NO.9.
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF VOTERS LIST OF WARD NO.9 IN TIRUNNAVAYA PANCHAYATH. Exhibit P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE VOTERS LIST.
Exhibit P4 TRUE COPY OF THE SCHOOL ADMISSION REGISTER.
Exhibit P5 TRUE COPY OF THE CERTIFICATE FROM THE PANCHAYATH.
Exhibit P6 TRUE COPY OF THE CERTIFICATE. Exhibit P7 TRUE COPY OF THE APPLICATION BY THE PETITIONER.
Exhibit P8 TRUE COPY OF THE APPLICATION. Exhibit P9 TRUE COPY OF THE REPORT OF THE TSO. Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE RESPONDENTS.
Exhibit P11 TRUE COPY OF THE COMPLAINT. Exhibit P12 TRUE COPY OF THE REPORT OF THE R.D.O. Exhibit P13 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT.
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 30.3.2009 IN WP(C) NO.26102/2007. Exhibit P15 TRUE COPY OF THE NOTICE DATED 10.7.2009.
Exhibit P16 TRUE COPY OF THE NOTICE DATED 7.10.2009.
Exhibit P17 TRUE COPY OF THE ORDER OF THE RESPONDENT.
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