Josephina vs The Sub Collector( Sub Divisional ...
2024 Latest Caselaw 28818 Ker

Kerala High Court

Josephina vs The Sub Collector( Sub Divisional ... on 3 October, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                                                          2024:KER:73522
               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

     THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946

                       WP(C) NO. 41303 OF 2023

PETITIONER:

          JOSEPHINA,
          AGED 57 YEARS
          W/O. JOHNY, CHEERAN HOUSE, PERAKAM VILLAGE, CHAVAKAD
          TALAUK, THRISSUR, PIN - 680 506.

          BY ADVS.
               SIRAJ KAROLY
               MOHAMMED SHAD K.A.




RESPONDENTS:

    1     THE SUB COLLECTOR( SUB DIVISIONAL MAGISTRATE) THRISSUR
          OFFICE OF THE SUB DIVISIONAL MAGISTRATE (REVENUE
          DIVISIONAL OFFICE, THRISSUR)- 680 003.

    2     THE DISTRICT COLLECTOR THRISSUR,
          AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003.

    3     SR SLIBY PAUL,
          CONCILIATION OFFICER, (MAINTENANCE TRIBUNAL, UNDER THE
          PROVISIONS OF OFFICE OF THE MAINTENANCE AND PROTECTION
          OF SENIOR CITIZEN PROTECTION ACT, 2007, OFFICE OF THE
          SUB DIVISIONAL MAGISTRATE [SUB COLLECTOR],
          PIN - 680 003.

    4     JOHNY,
          AGED 67 YEARS
          S/O ANTHONY, CHEERAN HOUSE, PERAKAM VILLAGE, CHAVAKAD
          TALAUK, THRISSUR DISTRICT-680 506.
 WP(C) NO. 41303 OF 2023                  2




                                                            2024:KER:73522


          5          STATE OF KERALA,
                     REPRESENTED BY GOVERNMENT PLEADER , SOCIAL
                     WELFARE DEPARTMENT GOVERNMENT SECRETARIAT,
                     TRIVANDRUM,HIGH COURT OF KERALA, PIN - 682 031.

                     BY ADVS.
                          GIBI.C.GEORGE
                          BINU PAUL (NETTOOR)
                          S. GOPINATHAN, SENIOR GOVERNMENT PLEADER.



              THIS    WRIT   PETITION    (CIVIL)   HAVING     COME    UP     FOR
     ADMISSION        ON   03.10.2024,   THE   COURT   ON    THE     SAME    DAY
     DELIVERED THE FOLLOWING:
 WP(C) NO. 41303 OF 2023                     3




                                                              2024:KER:73522


                         DINESH KUMAR SINGH, J.
                                 --------------------------
                             W.P.(C) No. 41303 of 2023
                                 -------------------------
                      Dated this the 3rd day of October, 2024

                                       JUDGMENT

1. The present writ petition has been filed for the following

reliefs;

1. Issue a writ of certiorari, or any other appropriate order or direction and call for the records leading to Exhibit P4 memorandum of settlement dated 28.11.2023 prepared by the 3rd respondent and submitted before the 1st respondent.

2. Issue a writ of mandamus or any other writ, order, or direction, commanding the 1st respondent to provide an opportunity to the petitioner as sought in Exhibit P5 representation dated 04.12.2023.

3. Issue such other order deems fit in the interest of justice.

2. The learned Counsel for the petitioner submits that in view

of the subsequent order dated 11.12.2023 passed by the 1st

respondent, nothing survives in this writ petition.

2024:KER:73522

3. In view thereof, the present writ petition is hereby closed as

having been rendered infructuous by efflux of time.

Sd/-

DINESH KUMAR SINGH JUDGE Svn

2024:KER:73522

APPENDIX OF WP(C) 41303/2023

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF PETITION FILED BY THE 4TH RESPONDENT DATED 23.08.2023.

EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NUMBER 279/2016 DATED 22.02.2016.

EXHIBIT P2a TRUE COPY OF THE SETTLEMENT DEED NUMBER280/2016 DATED 22.02.2016.

EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER'S SON: 22.11.2023.

EXHIBIT P4 PHOTOSTAT COPY OF THE MEMORANDUM OF SETTLEMENT PREPARED BY THE 3RD RESPONDENT: 28.11.2023.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 04.12.2023.

Exhibit P6 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 DATED 23.08.2023.

Exhibit P7 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 DATED 22.02.2016.

Exhibit P7a TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2A DATED 22.02.2016.

Exhibit P8 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3 DATED 22.11.2023.