Kerala High Court
Geetha Kumari vs Sasthamkotta Grama Panchayath ... on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 24558 OF 2015
PETITIONER/S:
GEETHA KUMARI
EDAYILAKUTTIYIL, MUTHUPILAKAD (WEST), SASTHAMKOTTA,
PIN 690 520.
BY ADVS.
SRI.JACOB P.ALEX
SRI.JOSEPH P.ALEX
RESPONDENT/S:
1 SASTHAMKOTTA GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, SASTHAMKOTTA PO,PIN 690 521.
2 SECRETARY
SASTHAMKOTTA GRAMA PANCHAYAT, SASTHAMKOTTA PO,
PIN 690 521.
3 MALATHI W/O.BABU
MEMBER, WARD 5, SASTHAMKOTTA GRAMA
PANCHAYAT,CHARINGATHUNDIL, MUTHUPILAKAD (EAST),
SASTHAMKOTTA,PIN 690 520.
4 RATHEESH
THEKKETHIL, THEKKEVEETTIL, MUTHUPILAKAD (WEST),
SASTHAMKOTTA, PIN 690 520.
5 VASUDEVAN PILLAI
THEKKETHIL, THEKKEVEETTIL, MUTHUPILAKAD (WEST),
SASTHAMKOTTA, PIN 690 520.
6 RENJITH
THEKKETHIL, THEKKEVEETTIL, MUTHUPILAKAD (WEST),
SASTHAMKOTTA, PIN 690 520.
7 VIJAYAN PILLAI
KALAMINDARAM, MUTHUPILAKAD (WEST), SASTHAMKOTTA,
PIN 690 520.
8 ANILKUMAR
THUNDIL HOUSE, MUTHUPILAKAD (WEST), SASTHAMKOTTA,
PIN 690 520.
BY ADVS.
R1 & R2 BY SRI.ANEESH JOSEPH
SMT.DENNIS VARGHESE
SRI.A.MUHAMMED RAFFI
SRI.M.RAMESH CHANDER SR.
R3 TO R8 BY SRI.K.SIJU
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 24558/2015 :2:
SHAJI P. CHALY, J.
---------------------------------------------------------
W.P.(C). No. 24558 of 2015
---------------------------------------------------------
Dated this the 17th day of June, 2022.
JUDGMENT
The petitioner has filed this writ petition seeking the following
reliefs:
1) Issue a writ in the nature of mandamus or any other writ, order or
direction commanding the 2nd respondent to take appropriate action
on Ext. P4 in accordance with law.
2) Direct respondents 1 and 2 not to make any alteration to the present
nature and lie of plaint schedule item A property in Ext. P2 suit, till
final action is taken on Ext. P4.
2. When the matter came up for admission before this Court on
12th August, 2015, the following interim order was passed:
"Issue notice to the respondents by speed post.
Respondents 1 and 2 are directed not to make any alteration to
the present nature and lie of the plaint-A schedule property in Ext. P2
for a period of three weeks. This order will not stand in the way of the
petitioner in approaching a competent civil forum for the redressal of
her grievance."
3. In fact, at the time of filing of the writ petition itself, O.S.
No. 278 of 2014 filed by the petitioner against one Ratheesh and
others was pending before the Munsiff's Court, Sasthamcotta, as is
evident from Ext. P2 plaint.
4. However, today, when the matter is taken up for
consideration, the learned counsel for the petitioner submitted that
pursuant to the interim order passed by this Court, the Grama
Panchayat was impleaded as additional defendant in the suit, which
is pending consideration before the Munsiff's Court, Sasthamcotta and
therefore, he seeks permission to withdraw the writ petition with
liberty to take up all the contentions before the Munsiff's Court.
Accordingly, this writ petition is dismissed as withdrawn,
leaving open the liberty of the petitioner to take up all contentions
before the Munsiff's Court, Sasthamcotta in O.S. No. 278 of 2014. I
make it clear that by permitting the petitioner to withdraw the writ
petition, I had not considered the subject matter of the writ petition
on merits and it is for the Munsiff's Court to consider all aspects
raised by the parties in accordance with law.
sd/ SHAJI P. CHALY, JUDGE.
Rv
