K.E.Shaji vs Aleyamma Kuriakose
2024 Latest Caselaw 13778 Ker

Kerala High Court

K.E.Shaji vs Aleyamma Kuriakose on 28 May, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 13431 OF 2017             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                          WP(C) NO. 13431 OF 2017
PETITIONER/S:

               K.E.SHAJI
               AGED 37 YEARS
               AGED 37, S/O.EBRAHIM, KANJIRAKKATTU
               HOUSE,ADOOPARAMBU, MUVATTUPUZHA (PO), ERNAKULAM
               DISTRICT.

               BY ADVS.
               SRI.R.BINDU (SASTHAMANGALAM)
               SRI.PRASANTH M.P



RESPONDENT/S:

      1        ALEYAMMA KURIAKOSE
               PUTHENPURAYIL HOUSE, SOUTH MARADY,MUVATTUPUZHA,
               ERNAKULAM DISTRICT, PIN-686 673.

      2        THE VILLAGE OFFICER
               MARADY VILLAGE, MUVATTUPUZHA,ERNAKULAM DISTRICT,
               PIN-686 673.

      3        THE AGRICULTURAL OFFICER
               KRISHI BHAVAN, MARADY,MUVATTUPUZHA, ERNAKULAM
               DISTRICT,PIN-686 673.

      4        LOCAL LEVEL MONITORING COMMITTEE
               CONSTITUTED UNDER THE KERALA PADDY LAND &WET LAND
               ACT, 2008,REPRESENTED BY ITS SECRETARY, MARADY
 WP(C) NO. 13431 OF 2017           2


               VILLAGE,ERNAKULAM DISTRICT, PIN-686 673.

      5        THE REVENUE DIVISIONAL OFFICER
               MUVATTUPUZHA, PIN-686 669.

      6        THE DISTRICT COLLECTOR
               ERNAKULAM, PIN-682030.

      7        THE DEPUTY SUPERINTENDENT OF POLICE
               MUVATTUPUZHA, PIN-686 673.

      8        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY TO
               GOVERNMENT,GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM,PIN-695 001.

               BY ADVS.
               SRI.K.S.BABU
               SRI.BABU SHANKAR
               SRI.M.GOPIKRISHNAN NAMBIAR
               SRI.K.S.GOPI
               SRI.P.GOPINATH
               GOVERNMENT PLEADER
               SRI.K.JOHN MATHAI
               SRI.JOSON MANAVALAN
               SRI.KURYAN THOMAS
               SRI.PAULOSE C. ABRAHAM
               SMT.N.SUDHA
               SMT.S.SOUMYA ISSAC


OTHER PRESENT:
          SRI.RIYAL DEVASSY, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 13431 OF 2017             3




                      P.V.KUNHIKRISHNAN, J
                    --------------------------------------
                     W.P.(C.) No. 13431 of 2017
                    --------------------------------------
                Dated this the 28th day of May, 2024



                               JUDGMENT

The above writ petition is filed with following prayers :

"i) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the 6 th respondent to implement and enforce Exhibit P7 order passed by the 5 th respondent, forthwith.

ii) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the 6 th respondent to initiate appropriate legal action against the 1st respondent and her associates who have violated Exhibits P4 and P7 orders.

iii) Issue any other writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." [sic]

2. When this writ petition came up for consideration

on 12.04.2017, this Court passed the following order :

"Admit.

Govt. Pleader takes notice for respondents 2 to 8. Issue notice by speed post to the 1st respondent. The petitioner shall also serve a copy of the writ petition on the Govt. Pleader.

Post after vacation.

The 7th respondent shall enforce Ext.P7 order, in the meanwhile, if the same is not modified or varied in accordance with law."

3. The above order was challenged by filing writ

appeal No. 872/2017. The Division Bench vacated the interim

order and also observed that the writ petition is not

maintainable because the appellant is not made as a party.

Even now, the petitioner has not impleaded the appellant in

writ appeal No. 872/2017.

In the light of the same, this writ petition need not be

retained here.

I make it clear that if the petitioner has got any surviving

grievance, the petitioner is free to agitate the same separately, after

impleading the appellant in the writ appeal No.872/2017.

With the above observation, this writ petition is closed.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13431/2017

PETITIONER EXHIBITS

EXHIBIT P1 : TRUE COPY OF THE REPORT OF 5TH RESPONDENT FORWARDED TO THE 6TH RESPONDENT DATED 17- 11-2015.

EXHIBIT P2 : TRUE COPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT DATED 18-01-2017.

EXHIBIT P3 : TRUE COPY OF REPORT SUBMITTED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DATED 18-01-2017.

EXHIBIT P4 : TRUE COPY OF THE PROHIBITORY ORDER ISSUED BY THE 2ND RESPONDENT DATED 18-1-2017.

EXHIBIT P5 : TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 7TH RESPONDENT DATED 30-1-2017.

EXHIBIT P6 : TRUE COPY OF THE REPORT SUBMITTED BY 3RD RESPONDENT TO 5TH RESPONDENT DATED 30-1- 2017.

EXHIBIT P7 : TRUE COPY OF THE PROHIBITORY ORDER ISSUED BY THE 5TH RESPONDENT DATED 6-2-2017.

EXHIBIT P8 : TRUE COPY OF THE MAHAZAR PREPARED BY THE 2ND RESPONDENT DATED 16-2-2017.

EXHIBIT P9 : TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 17-2-2017.

EXHIBIT P10 : TRUE COPY OF THE REPORT SUBMITTED BY THE

2ND RESPONDENT DATED 18-2-2017.

EXHIBIT P11 : TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 27-2-2017.

EXHIBIT P12 : TRUE COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT DATED 1-3-2017.

EXHIBIT P13 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 4-4-2017.