Ambili V vs Secretary, Karakulam Grama ...
2022 Latest Caselaw 418 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                       WP(C) NO. 24994 OF 2021


PETITIONERS:

     1     AMBILI V.
           AGED 44 YEARS, W/O.LATE JAYARAJ,
           RAJ BHAVAN, THANNIPOIKA, VATTAPPARA P.O.,
           THIRUVANANTHAPURAM - 695 028.

     2     JUSTIN JOSE D.
           AGED 40 YEARS, S/O.DENNISON,
           SHAJI BHAVAN, PANAYAKKONAM,
           MARUTHOOR, VATTAPPARA P.O.,
           THIRUVANANTHAPURAM - 695 028.

           BY ADVS.
           A.RAJASIMHAN
           VYKHARI.K.U
           K.J.RAJAN


RESPONDENTS:

     1     SECRETARY, KARAKULAM GRAMA PANCHAYAT
           KARAKULAM P.O., THIRUVANANTHAPURAM - 695 564.

     2     BINOJ CHANDRAN
           S/O.CHANDRAN, TC NO.11/1388, SALINI HOUSE,
           PAROTTUKONAM, NALANCHIRA P.O.,
           THIRUVANANHAPURAM - 695 015.

           BY ADVS.
           CHITHRA LAL M.R
           ANJANA KANNATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24994 OF 2021
                                     2




                             T.R. RAVI, J.
              --------------------------------------------
                     W. P. (C). No. 24994 of 2021
               --------------------------------------------
               Dated this the 13th day of January, 2022

                              JUDGMENT

The petitioners are challenging Ext.P4, whereby the request for

issuance of D&O licence to the 2nd petitioner was rejected for the

reason that a complaint was received stating that a civil suit is

pending regarding the property. On directions of this Court a

statement has been filed by the learned counsel for the 1 st

respondent on instructions stating that a complaint was received

from one Binoj Chandran, 2nd respondent herein, stating about the

pendency of O.S.19/2021 before the Sub Court, Nedumangad and

that an order of injunction restraining the petitioners from alienating

the plaint schedule property has been issued. The said order has

been produced by the petitioners as Ext.P6 in the writ petition.

Ext.P5 is the plaint in the suit. The suit is for a specific performance

of a contract of sale and the pendency of the said suit can in no way

be a reason for refusal to grant D&O licence. The reasoning in

Ext.P4 is not legally sustainable.

WP(C) NO. 24994 OF 2021

The writ petition is hence allowed. Ext.P4 is set aside. The 1 st

respondent is directed to reconsider the application submitted by the

petitioners and pass fresh orders within two weeks from the date of

receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE

Pn WP(C) NO. 24994 OF 2021

APPENDIX OF WP(C) 24994/2021

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE RENT AGREEMENT DATED 2/8/2021 BETWEEN THE PETITIONERS.

Exhibit P2 TRUE COPY OF THE RECEIPT DATED 8/9/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE 1ST PETITIONER'S AFFIDAVIT DATED 17/8/2021.

Exhibit P4 TRUE COPY OF THE LETTER DATED 20/9/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO.19/2021 ON THE FILES OF SUB COURT, NEDUMANGAD.

Exhibit P6 TRUE COPY OF THE ORDER OF SUB COURT, NEDUMANGAD DATED 22/3/2021 IN OS NO.19/2021.