Citation : 2021 Latest Caselaw 20084 Ker
Judgement Date : 24 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
WP(C) NO. 28229 OF 2013
PETITIONER/S:
ANILKUMAR
USHA MANDIRAM, CHERUPOIKA PO, PAVITHRESWARAM,
KOTTARAKKARA.
BY ADVS.
SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.MANU SEBASTIAN
SRI.K.J.SHARATH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695001
2 DISTRICT COLLECTOR
COLLECTORATE, KOLLAM - 691 001
3 SUB INSPECTOR OF POLICE
PUTHOOR POLICE STATION, PUTHOOR, KOLLAM DISTRICT 691507
4 RAJU ARUN BHAVAN
CHEMMAKKAD CHERRY, PANAYAM VILLAGE, KOLLAM TALUK FROM
ARUN BHAVAN, PAVITHRESWARAM MURI, PAVITHRESWARAM VILLAGE,
KOTTARAKKARA-691 624.
SMT. VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28229 OF 2013
2
P.V.KUNHIKRISHNAN, J.
===================
WP(C) No. 28229 OF 2013
===================
Dated this the 24th day of September 2021
JUDGMENT
The above writ petition is filed with the following
prayers;
"i. issue a writ in the nature of mandamus or other appropriate writ, direction or order commanding the respondents 2 and 3 to furnish copies of complaint, if any, filed by the 4th respondent before securing his presence before the 2nd respondent in any proceedings;
ii. Issue a writ in the nature of mandamus or other appropriate writ, direction or order commanding respondents 2 and 3 refrain from interfering with the enjoyment of civil rights over properties covered by Exts.P1 and P2 sale deeds as secured by Exts.P5 to P7;
iii. Issue such other writ, direction or order as deemed fit."
2. After going through the prayers in the writ petition,
it is clear that, the prayers are infructuous. If there is any WP(C) NO. 28229 OF 2013
surviving grievance, the petitioner can do the needful in
accordance to law. With liberty to this, the writ petition can
be dismissed.
Therefore, this writ petition is dismissed with liberty to
the petitioner to do the needful in accordance to law, if there
is any fresh cause of action.
(Sd/-)
P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 28229 OF 2013
APPENDIX OF WP(C) 28229/2013
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF SALE DEED NO.3981/08 DATED 14-11-2008 OF PRL. SRO, KOTTARAKKARA
EXHIBIT P2 A TRUE COPY OF SALE DEED NO.3982/08 DATED 14-11-2008 OF PRL. SRO, KOTTARAKKARA.
EXHIBIT P3 A TRUE COPY OF RECEIPT DATED 07-11-2008 EVIDENCING THE PAYMENT OF LOAN AMOUNT AND CLOSURE OF LOAN ACCOUNT NO.127
EXHIBIT P4 A TRUE COPY OF NON LIABILITY CERTIFICATE DATED 07-11-2008 ISSUED FROM THE REGIONAL MANAGER, THE KERALA STATE DEVELOPMENT CORPORATION FOR SCHEDULED CASTES AND SCHEDULED TRIBES LTD.
EXHIBIT P5 A TRUE COPY OF REPORT OF THE 2ND RESPONDENT AND INTIMATION BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT OBTAINED UNDER THE RIGHT TO INFORMATION ACT
EXHIBIT P6 A TRUE COPY OF THE DISTRICT REGISTRAR (GENERAL) KOLLAM OBTAINED UNDER THE RIGHT TO INFORMATION ACT
EXHIBIT P7 A TRUE COPY OF JUDGMENT DATED 31-8-2013 IN OS NO.42/12 OF THE SUB COURT KARUNAGAPPALLY.
// True Copy // PA To Judge
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