Kerala High Court
P.K. Achuthanandan vs State Of Kerala on 24 May, 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
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 23935 OF 2016
PETITIONER:
P.K. ACHUTHANANDAN
AGED 58 YEARS, S/O.KUMARAN,
PADAVATHALA KANHOLI HOUSE,
KACHERI AMSOM AND DESOM, ERANJIPALAM PO.,
KOZHIKODE DISTRICT673006
BY ADVS.SRI.VINOD SINGH CHERIYAN
SRI.T.M.KHALID
SMT.M.MANJU
SRI.R.SUDHISH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT
SECRETARIAT,TRIVANDRUM
2 THE LAND TRIBUNAL
KOZHIKODE CIVIL STATIONPO., KOZHIKODE 673020
3 DEVAKI
W/O. CHANDUKUTTY(LATE),KANIAMBALATHKAKKUZHIYIL
HOUSE, KANHOLIPARAMBU,ERANHIPALAM,
KOZHIKODE,673006
4 ASOKAN
S/O. CHANDUKUTTY(LATE),KANIAMBALATHKAKKUZHIYIL
HOUSE, KANHOLIPARAMBU,ERANHIPALAM,
KOZHIKODE, -673006
5 . VENU
S/O.CHANDUKUTTY(LATE),KANIAMBALATHKAKKUZHIYIL
HOUSE, KANHOLIPARAMBU,ERANHIPALAM,
KOZHIKODE, -673006
6 PRAKASAN
S/O.CHANDUKUTTY(LATE),KANIAMBALATHKAKKUZHIYIL
HOUSE, KANHOLIPARAMBU,ERANHIPALAM,
KOZHIKODE, -673006
BY ADVS.SRI.RIYAL DEVASSY, GP
GOVERNMENT PLEADER
SRI.R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.23935/2016
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.23935 of 2016
----------------------------------------------
Dated this the 24th day of May, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of certiorari or any other appropriate
writ, order or direction to quash Exhibit P2 Ο.A.
Νο. 1076 of 1999 pending before Land Tribunal,
Kozhikode.
ii. Issue a writ of mandamus or any other
appropriate writ order or direction directing 2 nd
Respondent to dismiss Exhibit P2 O.A. No. 1076 of
1999 in view of Exhibit P3 Judgment.
iii. Issue such other writ, order or direction which
this Honourable High Court may deem fit and
proper on the facts and circumstances of this
Case and in the interest of justice.
(SIC)
2. When this writ petition came up for consideration,
the Government Pleader takes me through paragraph 7 of the
counter affidavit filed by the 2nd respondent, which is extracted
hereunder :
"The petitioner thereafter approached this Hon'ble
Court challenging the maintainability of OA1076/99
in OP 16098/2000. This Hon'ble Court allowed the
Writ Petition based on the judgment of Ratna Bai
Vs. State of Kerala reported in 2004 (1) KLT 632.
OA 1076/99 was filed for obtaining certificate of
purchase claiming the beneficial enjoyment of the
land and they obtained pattayam once from the
father of the petitioner in OA 588/71. In the light of
the above facts, the Land Tribunal, Kozhikode
heard both sides after issuing notice to both
parties. Pursuant to such hearing, the 2nd
respondent (Land Tribunal, Kozhikode) dismissed
OA 1076/99 on 08.12.2016. In such circumstances
it is humbly prayed that further Proceedings
connected to this matter may be dropped in the
light of the circumstances stated above."
3. In the light of the above, the prayers in this writ
petition are infructuous. If there is any surviving grievance to
the petitioner, the same is left open.
Recording the above counter affidavit, this writ petition
is disposed of.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
APPENDIX OF WP(C) 23935/2016
PETITIONER EXHIBITS
EXHIBIT P1: TRUE COPY OF THE ORDER IN O.A.NO.588
OF 1971 OF LAN DTRIBUNAL NO.11,
KOZHIKODE DATED 14.3.1973
EXHIBIT P2: TRUE COPY OF THE APPLICATION IN
O.A.NO.1076 OF 1999 FILED BEFORE THE
LAND TRIBUNAL KOZHIKODE DATED NIL.1`
EXHIBIT P3: TRUE COPY OF THE JUDGMENT OF THIS
HONOURABLE COURT IN IPNO.16098/2000
DATED 22.2.2008
EXHIBIT P4: TRUE COPY OF THE HEARING NOTICE ISSUED
BY THE LAND TRIBUNAL, KOZHIKODE IN
O.A.NO.1076 OF 1999 DATED 27.11.2014
EXHIBIT P5: TRUE COPY OF THE PETITION FILED BY THE
PETITIONER HEREIN BEFORE THE LAND
TRIBUNAL, KOZHIKODE IN OA.NO.1076 OF
1999 DATED 28.3.2016
