Kerala High Court
Sayed Thafa Bafakyh vs P.N.Jaladharan on 30 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA,
1943
WP(C) NO. 33274 OF 2010
PETITIONER/S:
SAYED THAFA BAFAKYH
KHADER BAFAKYH, "HILAL MANZIL", KOYILANDY POST,
PIN-673 305, PANTHALAYANI AMSOM AND DESOM,,
KOYILANDY TALUK, KOZHIKODE DISTRICT.
BY ADV SRI.MANJERI SUNDERRAJ
RESPONDENT/S:
1 P.N.JALADHARAN, S/O. NARAYANAN, 'VRINDAVAN',
GOVINDAPURAM POST,, KOMMERI AMSOM, VALAYANAD
VILLAGE, KOZHIKODE, TALUK AND DISTRICT, PIN-673
016.
2 THE VILLAGE OFFICER
THALAKULATHUR, KOZHIKODE, PIN-673 317.
3 THE TAHSILDAR
KOZHIKODE TALUK, KOZHIKODE, PIN-673 004.
4 STATE OF KERALA REP. BY THE DISTRICT COLLECTOR,
KOZHIKODE CIVIL STATION,, CALICUT-673 020.
BY ADVS.SRI.JACOB ABRAHAM
SMT.KOCHUMOL KODUVATH
OTHER PRESENT:
SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 33274 of 2010
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 33274 of 2010 -H
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Dated this the 30th day of September, 2021
JUDGMENT
This writ petition is filed with following prayers:
"(1) Writ of certiorari quashing the Exhibit P1 and
P2 orders of the Respondents 2 and 3 holding
that they are unjust, unlawful and
unsustainable.
(2) Writ of mandamus directing respondents 2 to 3
to assure issuance of Possession Certificate,
Location Sketch/Certificate, Non encumbrance
Certificate and such other certificates required
for petitioner's improvement of the property;
and
(3) Any other writ or appropriate direction as this
Honorable Court deems fit in all the
circumstances of the case."
2. Today, when the matter came up for consideration,
the learned Government Pleader submitted that the possession
W.P.(C). No. 33274 of 2010
certificate and location sketch etc. are not issued as there is an
attachment from the civil court. The learned Government
Pleader takes me through the counter affidavit filed by the 3 rd
respondent. Relevant paragraphs of the counter affidavit read
thus:
"2. The Honourable Sub Court I-A of
Kozhikode have directed in IA 3653/09 OS
655/09 to the respondent prohibiting the
petitioner from all transferring or changing the
properties described by the court until further
order from the court. The fact is under
consideration of the above Honourable Court
and the final verdict is awaited.
3. The application for the possession
certificate, location sketch and location
certificate have been rejected on the light of
above court order and the apprehension leveled
by the petitioner is not withstanding.
4. The petitioner has stated that he has
approached the Honourable Sub Court-I,
W.P.(C). No. 33274 of 2010
Kozhikode to direct the respondents to issue the
certificates mentioned above to the petitioner.
But the Honourable Court has rejected his plea.
From this it is clear that the action of rejection of
the application is proper at the good faith. The
action of the respondent is according to the
direction made by the Honourable Court, and is
perfectly justifiable. Hence the writ petition is
devoid of merit and liable to be dismissed."
3. In the light of the above statement, I think there is
nothing to interfere with Exts.P1 and P2. After the disposal of
the suit, if there is any surviving grievance to the petitioner,
the petitioner is free to approach the authority concerned and
the authority concerned will do the needful, in accordance to
law.
With the above observations, the writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
