Kerala High Court
Sudhakaran Pillai vs State Of Kerala on 20 June, 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 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 14215 OF 2018
PETITIONER:
SUDHAKARAN PILLAI
AGED 63 YEARS, SON OF LATE SIVARAMA PILLAI,
RESIDING AT NEERAJAM HOUSE, KONNAMANKARA MURI,
ADOOR VILLAGE, KOLLAM DISTRICT.
BY ADVS.
SRI.V.SURESH
SRI.G.SUDHEER
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE CHIEF
SECRETARY, SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DISTRICT COLLECTOR
COLLECTORATE, KOLLAM, PIN - 691 001.
3 TAHSILDAR
TALUK OFFICE, KUNNATHUR, KOLLAM, PIN - 691 001.
4 VILLAGE OFFICER, VILLAGE OFFICE, SASTHAMCOTTAH,
KOLLAM, PIN - 691 521.
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C).14215/2018
2
P. V. KUNHIKRISHNAN, J.
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W.P(C).No.14215 of 2018
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Dated this the 20th day of June, 2024
JUDGMENT
The above Writ Petition is filed with the following prayers:
(i) Issuing a writ of certiorari or such other
writ, order or direction as this Hon'ble Court may be
pleased to deem appropriate calling for the records
relating to Ext.P10 and setting aside the said order;
(ii) Allowing such other relief as the Court
may deem fit and appropriate to grant in the
circumstances of the case and in the interests of
justice.
[SIC]
2. Late Sivarama Pillai was the owner of two items of
property under Ext.P1 sale deed No.1162 dated 29.03.1117ME. The
property covered by the sale deed is situated as a contiguous plot on
the southern side of the road is the submission. It is enclosed by
boundary walls which are more than 50 years old. It is further
submitted that, there is a gate at its north eastern corner which too
W.P(C).14215/2018
is more than 50 years old. According to the petitioner, this gate
provides access into the property and also towards the property to
its south which is owned by the sister of Sivarama Pillai. When
resurvey operations took place in the locality in the year 2007,
Ext.P2 re-survey plan was got prepared showing a part of this
property as a public pathway is the submission of the petitioner.
Sivarama Pillai filed O.S.No.179/2007 on the file of the Munsiff
Court, Sasthamcottah for declaration of his title and ancillary relief.
The adjacent property owner at whose instance the plan was
prepared filed O.S.No.34/2010 on the file of the same Court against
Sivarama Pillai is the further submission. The suit is filed for a
mandatory injunction to the 1st respondent and its officers to
dismantle the gate and the walls and to carve out a pathway having
a width of 4½ metres through Ext.A1 property. While so,
Sri.Sivarama Pillai died. The petitioner and his sister were
impleaded as additional parties in the suits. According to the
petitioner, O.S.No.179/2007 was dismissed and O.S.No.34/010 was
decreed vide Ext.P5 common judgment. The appeal is also
dismissed. Ext.P6 is the common judgment in A.S.No.20 & 21 of
2014 on the file of Sub Court, Karunagappally. Thereafter a second
W.P(C).14215/2018
appeal is filed before this Court and the same is pending as R.S.A
Nos.575/2018 and 463/2018. It is submitted that an interim order
is also there in RSA No.575/2018. At this stage, Ext.P10 order is
passed by the 3rd respondent directing to do the needful as per the
decree passed by the civil court. Aggrieved by the same, this Writ
Petition is filed.
3. Heard learned counsel for the petitioner and the learned
Government Pleader.
4. When this matter came up for consideration on
24.04.2018, this Court passed the following order:
'Admit. Govt. Pleader takes notice for the
respondents.
2. There will be an interim stay of further
proceedings pursuant to Ext. P10 for a period of two
months. However, this will not stand in the way of
execution of the decree in O.S.34/10 of the Munsiff's
Court, Sasthamcotta, if the execution of the decree has
not been stayed by the civil court.'
5. I am of the considered opinion that, this Writ Petition
need not be retained here. The interim order can be retained. The
W.P(C).14215/2018
further proceedings based on Ext.P10 shall be subject to the final
decision in the second appeal pending before this Court.
Therefore, this Writ Petition is disposed of with the following
directions:
(a) The interim order dated 24.04.2018 is
retained and the same will be subject to the final decision
in R.S.A Nos.575/2018 and 463/2018.
(b) Similarly, the further proceedings based on
Ext.P10 shall be subject to the final decision in R.S.A
Nos.575/2018 and 463/2018.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
W.P(C).14215/2018
APPENDIX OF WP(C) 14215/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF SALE DEED NO. 1162 DATED
29.3.1117 ME.
EXHIBIT P2 TRUE COPY OF ORIGINAL SURVEY PLAN BEFORE
RE-SURVEY.
EXHIBIT P3 TRUE COPY OF THE RE-SURVEY PLAN.
EXHIBIT P4 TRUE COPY OF NOTICE OF APPEAL BEFORE RE-
SURVEY SUPERINTENDENT.
EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT IN
O.S.NO. 179 OF 2017 & OS NO. 34 OF 2010 ON
THE FILE OF THE MUNSIFF COURT OF
SASTHAMCOTTAH.
EXHIBIT P6 TRUE COPY OF THE COMMON JUDGMENT IN
A.S.NO. 20 & 21OF 2014 ON THE FILE OF THE
SUB COURT OF KARUNAGAPPALLY.
EXHIBIT P7 TRUE COPY OF THE MEMORANDUM OF REGULAR
SECOND APPEAL.
EXHIBIT P8 TRUE COPY OF PETITION FOR CONDONING THE
DELAY.
EXHIBIT P9 TRUE COPY OF PETITION FOR INTERIM STAY.
EXHIBIT P10 TRUE COPY OF ORDER NO. LC 6/18 DATED
28.03.2018.
