Mary Mohan Chacko vs Inspector General
2024 Latest Caselaw 13639 Ker

Kerala High Court

Mary Mohan Chacko vs Inspector General on 27 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                  &
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
        MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
                         WA NO. 475 OF 2024
AGAINST THE JUDGMENT DATED 29.02.2024 IN WP(C) NO.33749 OF 2023 OF
HIGH COURT OF KERALA
APPELLANT(S)/PETITIONERS:

    1      MARY MOHAN CHACKO, AGED 60 YEARS
           W/O MOHAN CHACKO EAPEN MANNIL HOUSE, KESAVADASAPURAM,
           PATTOM . P.O. THIRUVANTHAPURAM., PIN - 695004
    2      MOHAN CHACKO EAPEN, AGED 67 YEARS
           S/O. K.E.CHACKO,MANNIL HOUSE, KESAVADASAPURAM, PATTOM .
           P.O.THIRUVANTHAPURAM., PIN - 695004
           BY ADVS.
           SINDHU SANTHALINGAM
           ABRAHAM K GEORGE
           A.D.SHAJAN


RESPONDENT(S)/RESPONDENTS:

    1      INSPECTOR GENERAL
           DEPARTMENT OF REGISTRATION VANCHIYOOR.P.O.
           THIRUVANTHAPURAM., PIN - 695035
    2      DEPUTY INSPECTOR GENERAL
           DEPARTMENT OF REGISTRATION OPP MAHARAJA'S GROUND,
           KOCHI, ERNAKULAM, PIN - 682011
    3      SUB REGISTRAR
           S.RO. EDAPPALLY, AIMS. PO ERNAKULUM., PIN - 682041
    4      SUB REGISTRAR , PATTOM MUTTADA, MUTTADA P.O.,
           THIRUVANANTHAPURAM., PIN - 695025
    5      SHEELA JACOB, W/O JACOB PHILIP, PLAMOOTIL HOUSE,
           40/2832, PADIVATTOM., PIN - 682024
    6      SUJA GEORGE
           W/O GEORGE KURIAKOSE, FLAT NO. 2 C , GARDEN VIEW
           APARTMENT, ANSALS, RIVERDAL; EROOR, PIN - 682306

           SR.GP SRI.V.TEKCHAND
           ADV. SREEKANTH K.M. FOR R5 & R6
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 475 OF 2024


                                 -2-




                           JUDGMENT

A.J.DESAI, CJ.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, 1958, the original petitioners have challenged the

judgment dated 29.02.2024, delivered by the learned Single Judge

in the captioned W.P.(C) No.33749/2023.

2. After arguing the matter for some time, the learned Senior

Counsel seeks permission to withdraw this appeal with liberty to file

appropriate proceedings, including a Civil Suit for declaration and

permanent injunction, before the competent court.

Permission is granted and the writ appeal is dismissed as

withdrawn. It would be open for the present appellants to file civil

proceedings as observed by the learned Single Judge for appropriate

relief/s. Needless to say that the appellants can also file an

application for interim relief before the competent civil court in WA NO. 475 OF 2024

connection with the property in question. It is made clear that we

have not examined the merits and demerits of the case.

Sd/-

A.J.DESAI CHIEF JUSTICE

Sd/-

V.G.ARUN JUDGE

uu 27.05.2024