Dr. Narayanan Unni vs B. Jayakumar
2022 Latest Caselaw 3708 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
     THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
                      WP(C) NO. 20227 OF 2015
PETITIONER    :

             DR. NARAYANAN UNNI, AGED 83 YEARS,
             S/O.SUBRAMONIAN UNNI, RESIDING AT CHEMBAKATH,
             TC 37/806, THEKKE NADA FORT, THIRUVANANTHAPURAM.
             BY ADVS.
             SRI.R.S.KALKURA
             SMT.R.BINDU
             SRI.HARISH GOPINATH
             SRI.JOHNSON JOSE PANJIKKARAN
             SRI.M.S.KALESH


RESPONDENTS    :

      1      B. JAYAKUMAR, S/O.BHASKARAN NAIR, AGED ABOUT 54
             YEARS, RESIDING AT OMKARA, TC 37/798, THEKKE NADA
             FORT, THIRUVANANTHAPURAM-695 023.
      2      PUSHPALATHA, AGED ABOUT 50 YEARS,
             W/O.JAYAKUMAR, RESIDING AT OMKARA, TC 37/798,
             THEKKENADA FORT, THIRUVANANTHAPURAM-695 023.
      3      THE ADDITIONAL TAHSILDAR,
             TALUK OFFICE, THIRUVANANTHAPURAM-695 023.
      4      THE REVENUE DIVISIONAL OFFICER,
             REVENE DIVISIONAL OFFICE,
             THIRUVANANTHAPURAM-695 033.
      5      THE DISTRICT COLLECTOR,
             COLLECTORATE, THIRUVANANTHAPURAM-695 033
      6      THE LAND REVENUE COMMISSIONER
             PUBLIC OFFICE, THIRUVANANTHAPURAM-695 033.
             BY ADVS.
             SRI.JOHN JOSEPH VETTIKAD FOR R1 & R2.
             SRI.C.JOSEPH JOHNY
             SRI.E.C.BINEESH, GP FOR R3 TO R6



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    24.03.2022,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
  WP(C) No.20227 of 2015          - 2 -




                  C.JAYACHANDRAN, J.
   ------------------------------------------------
               W.P(C) No.20227 of 2015
 --------------------------------------------------
        Dated this the 24th day of March, 2022


                           J U D G M E N T

When the matter is taken up today, a junior

attached to Adv.Sri. R.S.Kalkura submitted that they

have already relinquished the vakalath for the

petitioner and as such, there is no representation

for the petitioner today.

2. The same submission was made when the matter

was considered on 26-11-2021. When the matter was

considered before another Bench on 16-09-2021 also,

there was no representation for the petitioner.

3. Learned counsel for the contesting

respondent/first respondent submitted that the issue

pertains to an alleged encroachment/trespass into the

petitioner's property. It was found by Ext.P13 order

that there was no trespass whatsoever, challenging

which, this writ petition is filed. Pending writ

petition, the petitioner preferred a suit before the

Munsiff's Court, Thiruvananthapuram as O.S No.749 of

2015, which suit was, however, dismissed as not

pressed vide Order dated 04-12-2018. Thus according

to the learned counsel for the contesting/first

respondent, the petitioner is disinterested to pursue

the matter any further.

In the circumstances afore referred, this writ

petition is dismissed for non-prosecution.

Sd/-

C.JAYACHANDRAN JUDGE

amk

APPENDIX OF WP(C) 20227/2015

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE MORTGAGE DEED 1633 OF 1953 DT 12-5-1953 EXECUTED BY T.S.NEELAKANTAN AND T.N.SUBRAMANYA IYER.

EXHIBIT P2 TRUE COPY OF THE GIFT DEED NO.804 OF 1955 DATED 14-5-1955.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 30-7-2012 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPORT DATED 8-8-2012 SUBMITTED BY THE TALUK SURVEYOR TRIVANDRUM BEFORE THE ADDITIONAL TAHSILDAR 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE LETTER BEARING NO.H7-46017/12 DATED 31-12-2012 ISSUED BY THE THIRD RESPONDENT TO RESPONDENTS 4 AND 5.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 13-9-

2012 SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 30-9-2013 IN WPC.NO.22041 OF 2013.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13-1-2014 ISSUED BY THE DISTRICT COLLECTOR, TRIVANDRUM, IN PROCEEDINGS B11-9880/13.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 23-6-2014 IN WPC.NO.5230 OF 2014.

EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY THE DISTRICT COLLECTOR TRIVANDRUM IN PROCEEDINGS NO.B11- 9880/13 DATED 4-10-2014.

EXHIBIT P12 TRUE COPY OF THE HEARING NOTES SUBMITTED BY THE PETITIONERS COUNSEL BEFORE THE LAND REVENUE COMMISSIONER TRIVANDRUM IN LAR K- 41.994/2014

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 8-6-2014 ISSUED BY THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM GOVERNMENT OF KERALA IN PROCEEDINGS NO.NLRK-41994 OF 2014.

EXHIBIT P14 TRUE COPY OF THE PLAINT IN OS.749 OF 2015 ON THE FILE OF THE MUNSIFF'S COURT, TRIVANDRUM DATED 7-4-2015.