Citation : 2023 Latest Caselaw 3928 Ker
Judgement Date : 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
WP(C) NO. 10514 OF 2023
PETITIONER/S:
NARAYANAN.A, AGED 54 YEARS
ARINGALAYAN HOUSE, THALUUVIL, PARASSINIKKADAVU.P.O,
ASDOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR., PIN -
670563
BY ADVS.
V.T.MADHAVANUNNI
V.A.SATHEESH
ANAND V.S
RESPONDENT/S:
1 THE SUB REGISTRAR, SUB REGISTRAR'S, OFFICE,
KALLIASSERI, KANNUR UNIVERSITY .P.O. KANNUR DISTRICT -,
PIN - 670567
2 VILLAGE OFFICER, ANDOOR VILLAGE OFFICE,
PARASSINIKKADAVU. P.O., KAANUR., PIN - 670563
3 MADHAVI, AGED 83 YEARS, W/O E.P. KUNHIRAMAN, , ERAYIL
PUTHIYAPURAYIL HOUSE, THALUVIL, PARASSINIKKADAVU.P.O,
ANDOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT
-, PIN - 670563
4 SAVITHA, AGED 68 YEARS
D/O E.P. KUNHIRAMAN, ERAYIL PUTHIYAPURAYIL HOUSE,
THALUVIL, PARASSINIKADAVU, P.O, ANDOOR AMSOM DESOM,
TALIPARAMBA TALUK, KANNUR., PIN - 670563
5 SHAJI, AGED 52 YEARS, S/O E.P. NARAYANAN, , ERAYIL
PUTHIYAPURAYIL HOUSE, THALUVIL, PARASSINIKKADAVU.P.O,
ANDOOR AMSOM DESOM, TALIPARAMBA TALUK, KANNUR
DISTRICT-, PIN - 670563
6 PREETHA, AGED 60 YEARS, D/O POLA KUMARAN, , POLA HOUSE,
AROLI.P.O, AROLI AMSOM, PAPPINISSERI DESOM,
KANNUR DISTRICT -, PIN - 670561
7 ERAYIL NARAYANI, D/O KUNHATHI, ERAYIL HOUSE, MAMBALA,
PARASSINIKKADAVU.P.O, ANDOOR AMSOM DESOM, TALIPARAMBA
TALUK, KANNUR DISTRICT-, PIN - 670563
SRI BIMAL K NATH SR GP - R1 AND R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10514 OF 2023 2
JUDGMENT
Petitioner has approached this Court, seeking the following
reliefs:-
''a) That this Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing the respondent No.1 not to register any documents with respect to 1.80 Acres of land in the possession of the petitioner and other co-owners at Andoor Amsom Desom in Kannur District.
b) That this Hon'ble Court may be pleased to issue a writ of mandamus or such other writ or order directing the respondent No.2 not to effect mutation in the record of rights with respect to this property. ''
2. It is clear from a reading of the pleadings in the writ
petition that there are civil suits pending between the parties.
The pleadings indicate that O.S. No.416 of 2019 was filed by the
petitioner's late mother and there is another case filed as
O.S.No.237 of 2014 filed by one E.P. Kunhiraman. Both the suits
are pending before the Munsiff's Court, Thaliparamba. I am
clear in my mind that the reliefs sought for by the writ petitioner
cannot be granted and if the petitioner requires any sort of
interlocutory relief, it is for the petitioner to approach the civil
court, with appropriate applications.
With the above observations, the writ petition will stand
dismissed.
Sd/-
GOPINATH P., JUDGE ajt
APPENDIX OF WP(C) 10514/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO. 416/2019 ON THE FILE OF MUNSIFF COURT, TALIPARAMBA Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT NO.1 IN O.S. NO. 416/2019 Exhibit-P3 EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S.
NO. 237/2014 ON THE FILE OF MUNSIFF COURT, TALIPARAMBA Exhibit-P4 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S. NO. 237/2014 ON THE FILE OF MUNSIFF COURT, TALIPARAMBA
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