Kerala High Court
B.Mahendran vs State Of Kerala on 28 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 2926 OF 2015
PETITIONERS:
1 B.MAHENDRAN, AGED 48 YEARS
S/O.BHASKARA SHETTY, PROPRIETOR, MAHENDRAN
FRUITS, DOOR NO.VI/2095, GUJARATHI ROAD,
KOCHI-692 002.
2 PRAMOD V.S., S/O.VIDHYASAGAR, RESIDING AT X/100,
SJD STREET, AMARAVATHY, KOCHI- 682001.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
SRI.C.RADHAKRISHNAN
SMT.N.C.SALINI
SMT.K.S.SMITHA
SMT.V.S.SANGEETHA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682 030.
3 THE TAHSILDAR, FORT KOCHI, KOCHI-682 001.
4 THE VILLAGE OFFICER, MATTANCHERRY VILLAGE OFFICE,
MATTANCHERRY,KOCHI-682 002.
5 SHRI.COCHIN GUJARATHI MAHAJAN, NEW ROAD, COCHIN-
682 002, REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.B.S.SYAMANTAK, GOVERNMENT PLEADER
SRI. R.D.SHENOY SR.
JAYASREE MANOJ - R5
N.MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2926 of 2015
2
P.V.KUNHIKRISHNAN, J.
---------------------------------------------
W.P.(C) No. 2926 of 2015
------------------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
This writ petition is filed seeking the following
reliefs:
"(i) Issue a writ of mandamus or any other
appropriate writ commanding the 1st respondent to
revoke the proposed assignment of land comprised
in 32 cents in Sy.No.158 and 159 in Mattancherry
Village to the 5th respondent as evidenced in
Exhibit.P1 order.
(ii) Issue a writ of mandamus or any other
appropriate writ commanding the 1st respondent to
consider Exhibit.P4 request made by the petitioners
without any further delay after hearing the
petitioners and other interested parties
And
(iii) To pass such other orders or reliefs as
this Hon'ble Court deems fit in the interest of
justice."[SIC]
2. When this Writ petition came up for
consideration, the learned Government Pleader takes
me through paragraph Nos.2 and 3 of the counter
affidavit filed by the 4th respondent. The relevant
portion of the same is extracted hereunder:
"2. xxxxxxxx. The petitioner has no locus-standi
to file this writ petition. Moreover, the assignment of
land comprised in Survey No. 158 and 159 of
Mattanchery Village was already made in favour of
the 5th respondent and therefore the writ petition is
infructuous.
3. The petitioner is guilty of suppression of
material fact and for that reason, the writ petition is
liable to be dismissed. Exhibit P1 order and the
circumstances under which the order was passed
were not at all explained in the writ petition. On the
other hand Exhibit P1 order was the subject matter of
challenge in the public interest litigation before this
Court and the Honourable Division Bench dismissed
the said writ petition as groundless and frivolous. The
present petitioner too is having absolutely no interest
in the property in question and as such the present
petition had been preferred with malafide intension
and also with spite and ill will. For the aforesaid
reason, the writ petition is liable to be dismissed."
In the light of the above, no further order need
to be passed.
Therefore, this Writ petition is dismissed in the
light of the counter affidavit filed by the 4 th
respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 2926/2015
PETITIONER EXHIBITS
P1- TRUE COPY OF THE PROCEEDINGS OF
THE GOVERNMENT TAKEN ON 30.04.2014.
P2- TRUE COPY OF THE REPORT DATED
07.11.1988 SUBMITTED BYT HE
TAHSILDAR, FORT KOCHI.
P3- TRUE PHOTOGRAPH OF THE LAND
ENCROACHED BY THE 5TH RESPONDENT IN
SURVEY NO.158 AND 159 EXTENDING TO
32 CENTS IN MATTANCHERRY VILLAGE.
P4- TRUE COPY OF THE REQUEST DATED
01.12.2014 FILED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
