Citation : 2022 Latest Caselaw 10755 Ker
Judgement Date : 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 24427 OF 2011
PETITIONER/S:
1 GOVINDAN NAIR, AGED 85 YEARS,
S/O.RAMAN NAIR, VAZHAYIL HOUSE,
AVIDANALLOOR P.O.,, KOZHIKODE DISTRICT.
2 MEENAKSHI P.V. WO.GOVINDAN NAIR
AGED 73 YEARS, VAZHAYIL HOUSE,, AVIDANALLOOR
P.O., KOZHIKODE DISTRICT,,
ANTONY, S/O.VARU, AGED 52 YEARS,
"THE WORDS STARTING FROM 'ANTONY, S/O.VARU, AGED 52
YEARS' AFTER THE NAME AND ADDRESS OF THE 2ND
RESPONDENT IS DELETED AS PER ORDER DT.14.10.2011 IN
IA 15241 OF 2011"
3 SHYNI WO.LATE PRAKASAN CHANDRAN
AGED 33 YEARS, VAZHAYIL HOUSE,, AVIDANALLOOR
P.O.,, KOZHIKODE DISTRICT.
BY ADVS.
SRI.K.M.JAMALUDHEEN
SMT.LATHA PRABHAKARAN
RESPONDENT/S:
1 THE DISTRICT COLLECTOR
CIVIL STATION,, MALAPARAMBA, CALICUT-673009.
2 THE TAHSILDAR KOYILANDY TALUK OFFICE
KOYILANDY, KOZHIKODE DISTRICT-673305.
3 THE VILLAGE OFFICER
VILLAGE OFFICER, AVITHANALLUR,, KOZHIKODE-673618.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.JUSTIN JACOB, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 24427 of 2011
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 24427 of 2011
=============================================================
Dated this the 21th day of October, 2022
JUDGMENT
The above writ petition is filed with following prayers:
"i. Issue a writ of certiorari or any other writ or order quashing Ext.P2 holding the same as illegal.
ii. Issue a writ of mandamus or such other writ, order or direction commanding the respondents to keep in abeyance further proceedings initiated as per Ext.P2, pending disposal of the above writ petition.
iii. To issue such other appropriate writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case." (sic)
2. When this writ petition came up for consideration,
this Court issued an interim stay of all further proceedings
consequent to Ext.P2 notice. Today, when the matter came up
for consideration, the counsel for the petitioner submitted that
the petitioner received the decree amount after deducting the
W.P.(C). No. 24427 of 2011
court fee. In the light of the above submission, this writ petition
can be disposed of by quashing Ext.P2.
Therefore, this writ petition stands allowed. Ext.P2 is
quashed.
sd/-
P.V.KUNHIKRISHNAN JUDGE das
W.P.(C). No. 24427 of 2011
APPENDIX OF WP(C) 24427/2011
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DECREE AND JUDGMENT IN O.S.NO.134/2009 OF THE SUBORDINATE JUDGE'S COURT, KOYILANDY DATED 28.2.2011.
Exhibit P2 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT DATED 14.6.2011.
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