Mohanan vs Rukmini
2022 Latest Caselaw 8863 Ker

WP(C) NO. 29462 OF 2013              1



                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
          THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                            WP(C) NO. 29462 OF 2013
PETITIONER/S:
           MOHANAN
           S/O.MADHAVAN, SUBHA VILASOM, PERUMBELI, KARUMBAYAM P.O.,
           KALLARA, THIRUVANANTHAPURAM - 695 603.

               BY ADV SRI.M.DINESH


RESPONDENT/S:
     1     RUKMINI
           AGED 70 YEARS
           W/O.SOMARAJAN, CHARUVILA VEEDU, PERUMBELI, KARUMBAYAM
           P.O., KALLARA, THIRUVANANTHAPURAM - 695 608.

      2        SECRETARY
               KALLARA GRAMA PANCHAYAT, KALLARA P.O., 695 608,
               THIRUVANANTHAPURAM DISTRICT.

      3        REVENUE DIVISIONAL OFFICER
               OFFICE OF THE REVENUE DIVISIONAL OFFICER,
               THIRUVANANTHAPURAM - 695 001.

               BY ADVS.
               SRI.K.SIJU
               SRI.V.A.MUHAMMED
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD
               SRI.B.SUGATHAN


OTHER PRESENT:
           SMT.DEEPA NARAYANAN, SR.GP


       THIS    WRIT PETITION   (CIVIL) HAVING   COME UP    FOR ADMISSION   ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29462 OF 2013               2




                          P.V.KUNHIKRISHNAN, J
                    --------------------------------------------
                        W.P.(C) No.29462 of 2013
                       --------------------------------------
                   Dated this the 7th day of July, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i) Issue a writ of mandamus of any other appropriate writ, order or direction to quash Ext.P2 order passed by the 3 rd respondent and declare that Ext.P3 is illegal and unsustainable.

ii) Issue a writ of mandamus of any other appropriate writ, order or direction, to quash Ext.P3 notice issued by the 2 nd respondent and direct the 2nd respondent not to implement Ext.P2 till the disposal of the civil case in OS No. 882/2013 before the Munsiff's Court, Nedumangad. and

iii) Grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case." [SIC]

2. When this writ petition came up for consideration, the

learned counsel for the petitioner submitted that Ext.P2 is

challenged by filing a revision before the Sessions Court,

Thiruvananthapuram. The revision is pending as Crl.R.P.No.

60/2013. If that is the case, the petitioner is free to raise all the

contentions raised in this writ petition before the revisional

court.

With liberty to the petitioner to raise all the contentions

raised in this writ petition before the Revisional Court, this writ

petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 29462/2013

PETITIONER EXHIBITS

EXT.P1: TRUE COPY OF THE PLAINT IN OS NO.882/2013 ON THE FILE OF THE MUNSIFF'S COURT, NEDUMANGAD FILED BY PETITIONER.

EXT.P2: TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED NIL.

EXT.P3: TRUE COPY OF THE NOTICE DATED 11/11/2013 ISSUED BY 2ND RESPONDENT.

EXT.P4: TRUE COPY OF THE ORDER DATED 4.4.2014 IN OP NO 46/2014 OF THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNEMNT INSTITUTIONS, THIRUVANANTHAPURAM

EXT.P5 TRUE COPY OF THE NOTICE DATED 6.5.2014 ISSUED BY THE 2ND RESPONDENT