N.P.Balachandran vs Village Officer
2024 Latest Caselaw 4279 Ker

Kerala High Court

N.P.Balachandran vs Village Officer on 1 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                     WP(C) NO.7562 OF 2014
PETITIONER:

           N.P.BALACHANDRAN
           ADVOCATE, S/O.LATE N.S.PARAMESWARA IYER,
           NELLISSERY, VADAKKENTHARA P.O., PALAKKAD TALUK AND
           DISTRICT - 678 012, RESIDING AT "PRASANTHI",
           KALAVAKULAM KOPPAM, PALAKKAD - 678 001.
           BY ADVS.
           P.B.KRISHNAN
           P.B.SUBRAMANYAN
           SABU GEORGE
           MANU VYASAN PETER


RESPONDENTS:

      1    VILLAGE OFFICER
           PUDUSSERY EAST VILLAGE, WALAYAR P.O., PALAKKAD
           DISTRICT - 678 624.
*    2     MICHAEL MARY, W/O.LATE RAJAPPAN, PAMBUPARA,
           CHANDRAPURAM, WALAYAR P.O., PALAKKAD TALUK
           AND DISTRICT - 678 624.                       [DIED]
*ADDL.3    REGINA PHILOMINA CRISTY, D/O.MRS.MICHAEL MARY,
           AGED 46 YEARS
*ADDL.4    DHANSEELI ANTHONIU PUZHA, D/O.MRS.MICHAEL MARY,
           AGED 46 YEARS
*ADDL.5    CATHALINE NIRMALA SHANTHI, D/O.MRS.MICHAEL MARY,
           AGED 46 YEARS
*ADDL.6    THADAIVE AROGYASAMI, S/O.MRS.MICHAEL MARY,
           AGED 46 YEARS
*ADDL.7    KUZHANTHAI YESUDAS, S/O.MRS.MICHAEL MARY,
           AGED 46 YEARS
 WP(C) NO.7562 OF 2014             2



*ADDL.8      JESSYLEEMA ROSSY, D/O.MRS.MICHAEL MARY,
             AGED 46 YEARS
*            [ADDL.R 3 TO 8 ARE IMPLEADED AS PER ORDER DATED
             25.07.2014 IN I.A.NO.9913 OF 2014]


             BY SRI.SYAMANTAK, GP



      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   01.02.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.7562 OF 2014                 3




                                  JUDGMENT

The petitioner has approached this Court with

the following prayers:

"(i) Call for the records leading to the decision of the 1st respondent as evidenced in Exhibit P2 reply that pattayam has been booked in relation to 50 cents in R.S. No. 416/1 in the name of one Mrs. Micheal Mary, W/o. Rajappan and quash the same by the issue of a Writ of Certiorari.

(ii) Issue a Writ of Mandamus directing the 1st respondent - Village Officer, Pudusserry East Village, Palakkad District to issue possession certificate to the petitioner in relation to 4 cents in R.S.461/1 part situated in Pudussery East Village and accept and continue to accept land tax for the said property from the petitioner. [sic]"

2. When the writ petition came up for

consideration today, the learned counsel for the

petitioner submits that the writ petition can be

disposed of with liberty to approach the

petitioner to Civil Court.

With the said liberty, the writ petition is

closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

sp/01/02/2024

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF APPLICATION DATED 13.12.2013 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPLY DATED nil ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.