Citation : 2024 Latest Caselaw 13271 Ker
Judgement Date : 23 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 11059 OF 2016
PETITIONER:
GEORGE MATHEW
THUNDIYIL HOUSE, AZHOOR,
PATHANAMTHITTA DISTRICT, KERALA
BY ADVS.
SRI.GEORGE ABRAHAM PACHAYIL
SMT.JEBI MATHER HISHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY OF STATE,
THIRUVANANTHAPURAM - 695 001
2 DISTRICT COLLECTOR
PATHANAMTHITTA, PATHANAMTHITTA DISTRICT, PIN - 689 645
3 THE MUNICIPALITY OF PATHANAMTHITTA
REPRESENTED BY ITS SECRETARY, PATHANAMTHITTA - 689 645
BY ADV.
SRI. RIYAL DEVASSY, GP,
SRI. V.K. SUNIL - R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11059 OF 2016
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.11059 of 2016
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Dated this the 23rd day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"A) Issue a Writ in the nature of Mandamus directing respondents to deposit the decree amount due in E.P No. 73/2011 in LAR No.364/1988 pending before the Hon'ble Sub Court, Pathanamthitta, within a time limit to be prescribed by this Hon'ble Court.
(B) Issue any other appropriate writ, order or direction as this Hon'ble Court deem fit to grant in the facts and circumstances of the case." SIC
2. The main prayer in this writ petition is to
deposit the decree amount due in E.P No.73/2011 in WP(C) NO. 11059 OF 2016
LAR No.364/1988 pending before the Sub Court,
Pathanamthitta.
3. This writ petition is pending before this
Court from 2016 onwards. There is no representation
also for the petitioner. Probably, the decree amount
might have been deposited and E.P itself might have
been disposed of. Hence, no further order is
necessary in this writ petition.
Therefore, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 11059 OF 2016
APPENDIX OF WP(C) 11059/2016
PETITIONER EXHIBITS
EXHIBIT P1A DECREE OF THE HON'BLE SUB COURT, PATHANAMTHITTA DATED 22/12/1995
EXHIBIT P1B MODIFIED DECREE DATED 23/2/2005
EXHIBIT P2 COPY OF THE EXECUTION PETITON FILED BY THE PETITONER BEFORE THE HON'BLE SUB COURT, PATHANAMTHITTA, DATED 20/6/2011
EXHIBIT P3 COPY OF THE ORDER SHEED OBTAINED FROM THE HON'BLE SUB COURT PATHANAMTHITTA ISSUED ON 30/7/2015
RESPONDENTS EXHIBITS :NIL
// TRUE COPY //
PA TO JUDGE
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