Shobhana vs The State Of Kerala
2024 Latest Caselaw 29117 Ker

Kerala High Court

Shobhana vs The State Of Kerala on 10 October, 2024

WP(C) NO. 35394 OF 2024

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                                                       2024:KER:75225

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

    THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946

                        WP(C) NO. 35394 OF 2024

PETITIONER:

          SHOBHANA,
          AGED 63 YEARS
          W/O DHANDAPANI, RESIDING AT KOCHUKATTIL HOUSE,
          VAIKOM TALUK, VADAKKEMURI VILLAGE,
          UDAYANAPURAM. P.O, NEREKADAVU,
          KOTTAYAM DISTRICT, PIN - 686143


          BY ADV SABAREENATH HARIHARAN
RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
          DEPARTMENT, GOVERNMENT SECRETARIATE,
          THIRUVANANTHAPURAM, PIN - 695003

    2     THE DIRECTOR OF PANCHAYATH,
          LOCAL SELF GOVERNMENT DEPARTMENT,
          SWARAJ BHAVAN, NANTHANCODE,
          THIRUVANANTHAPURAM, PIN - 695003

    3     THE DEPUTY DIRECTOR OF PANCHAYATH,
          LOCAL SELF GOVERNMENT DEPARTMENT,COLLECTORATE,
          KOTTAYAM, PIN - 686002

    4     THE SECRETARY,
          THE SECRETARY, CHEMPU GRAMA PANCHAYATH,
          BRAHMAMANGALAM P O ,
          KOTTAYAM DISTRICT, PIN - 686605

    5     IYSHA,
          AGED 63 YEARS
          KOCHUKALAPUTHENPURAYIL, IRUMBAYAM KARA,
 WP(C) NO. 35394 OF 2024

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                                                    2024:KER:75225

          VELLOOR VILLAGE, VAIKOM TALUK, IRUMBAYAM P. O,
          THALAYOLAPARAMBU, KOTTAYAM DISTRICT, PIN - 686605



OTHER PRESENT:

          SRI.RIYAL DEVASSY, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35394 OF 2024

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                         MOHAMMED NIAS C.P., J.
                         =========================
                         W.P.(C) No. 35394 of 2024
                         =========================
                 Dated this the 10th day of October, 2024



                              JUDGMENT

The learned Counsel for the petitioner seeks permission to

withdraw the writ petition without prejudice to the right of the petitioner

to contest as to who is the legal heir to be impleaded in the civil suit.

Permission is granted.

Therefore, the writ petition is dismissed as withdrawn.

Sd/-

MOHAMMED NIAS C.P.,

JUDGE LU WP(C) NO. 35394 OF 2024

2024:KER:75225

APPENDIX OF WP(C) 35394/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE WILL DEED NUMBER 104/III/2020 EXECUTED BY THE SAID BHASKARAN BEFORE THE VAIKOM SUB REGISTRAR'S OFFICE DATED 20/10/2020

EXHIBIT P2 TRUE COPY OF THE O.S.NO.136/2022 FILED BY THE ELDER BROTHER OF THE PETITIONER BEFORE THE MUNSIFF'S COURT AT VAIKOM DATED 25/07/2022

EXHIBIT P3 TRUE COPY OF I.A.NO.3/2023 IN O.S NO. 136/ 2022 DATED 28/01/2023 BEFORE THE MUNSIFF'S COURT AT VAIKOM

EXHIBIT P4 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY, ARUNODAYAM S N D P BRANCH NO.973, NEENDOOR DATED 01/04/2004

EXHIBIT P5 TRUE COPY OF THE BIRTH CERTIFICATE OF THE SAID SHEEJA. P.S. ISSUED BY THE AARPPOOKKARA GRAMA PANCHAYATH AUTHORITY DATED 01/08/2023

EXHIBIT P6 TRUE COPY OF THE MARRIAGE CERTIFICATE OF THE ORIGINAL PLAINTIFF IN O.S.NO: 136/2022 WITH THE 5TH RESPONDENT ISSUED BY THE CHEMPU GRAMAPANCHAYATH AUTHORITY DATED 19/02/2010

EXHIBIT P7 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 27/08/2024

EXHIBIT P8 TRUE COPY OF THE REMINDER SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 12/09/2024

// True Copy // PA To Judge