Kerala High Court
Mary Sebastian vs State Of Kerala on 5 September, 2024
WP(C) NO. 2175 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 2175 OF 2024
PETITIONER:
MARY SEBASTIAN,
AGED 69 YEARS
W/O SEBASTIAN, PURATHE MUTHUKATTIL,
ERUVESSY AMSOM DESOM, CHEMPERI P.O.,
TALIPARAMBA TALUK, KANNUR, PIN - 670632
BY ADVS.
MATHEW KURIAKOSE
T.G.SUNIL (PERUMBAVOOR)
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
MONI GEORGE
SHAJI P.K.
PREETHU JAGATHY
ARUN.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
GOVERNMENT OF KERALA, DEPT. OF REVENUE,
GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REVENUE DIVISIONAL OFFICER & SUB DIVISIONAL
MAGISTRATE, TALIPARAMBA, KANNUR, PIN - 670141
3 THE VILLAGE OFFICER,
NEW NADUVIL, KANNUR, PIN - 670582
4 THE VILLAGE OFFICER,
NIDIYENGA, KANNUR, PIN - 670631
5 THE SECRETARY, NADUVIL GRAMA PANCHAYAT,
WP(C) NO. 2175 OF 2024
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NADUVIL, KANNUR DISTRICT, PIN - 670582
6 JAMES P J,AGED 68 YEARS
S/O. P.T. JOSEPH, PURATHE MUTHUKATTIL,
PURANJAN, CHEMPERI P.O.,
TALIPARAMBA TALUK, KANNUR, PIN - 670632
7 ROY SEBASTIAN,
AGED 45 YEARS
S/O. SEBASTIAN, PURATHE MUTHUKATTIL,
ERUVESSY AMSOM DESOM, CHEMPERI P.O.,
TALIPARAMBA TALUK, KANNUR, PIN - 670632
BY ADVS.
T.R.HARIKUMAR
V.T.MADHAVANUNNI
ARJUN RAGHAVAN
T.P.RAMACHANDRAN
V.A.SATHEESH
OTHER PRESENT:
SMT.PREETHA K.K., SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2175 OF 2024
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MOHAMMED NIAS C.P, J.
========================
W.P.(C) No. 2175 of 2024
========================
Dated this the 5th day of September, 2024
JUDGMENT
The petitioner challenges Ext.P1 order passed by the 2nd
respondent proceedings purportedly exercise power under Section 133 of
the Code of Criminal Procedure.
2. The learned Counsel for the petitioner submits that concerning
the very same property, O.S. No.461/2022 and O.S. No.273/2023 are pending
before the Munisiff's Court, Thaliparamba in which Exts.P14 and P15
interim orders were also passed. It is not in dispute that the subject matter
involved in the suit is the same in Ext.P1 order. That apart, the report of the
village officer in Ext.P3 also shows that it is private property, not public
property about which alone, the 2nd respondent could have passed any
orders.
3. Under the above circumstances, Ext.P1 order is quashed. It is
made clear that the rights of the petitioner and respondents will be decided
in the suit referred to above on its merits. Quashing of Ext.P1 order is only
for the reason that the 2nd respondent did not have any jurisdiction to pass
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such orders and I have not considered the proprietary rights of either the
petitioner or the respondents.
The impugned order is quashed and the writ petition is allowed as
above.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU
WP(C) NO. 2175 OF 2024
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APPENDIX OF WP(C) 2175/2024
PETITIONER EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE ORDER NO. RDOTLB/2347/2023-
C1 DATED 30.11.2023 ISSUED BY THE 2ND
RESPONDENT
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 14.06.2023
SUBMITTED BY THE 6TH RESPONDENT BEFORE THE
2ND RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPORT DATED 21.06.2023
SUBMITTED BY THE VILLAGE OFFICER NEW NADUVIL
TO THE 2ND RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE STATEMENT DATED 11.09.2023
OF RESPONDENT NO. 5 GRAMA PANCHAYAT TO THE
2ND RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE STATEMENT SUBMITTED BY THE
PRESIDENT OF NADUVIL GRAMA PANCHAYAT ON
11.09.2023 BEFORE THE 2ND RESPONDENT
EXHIBIT P6 A TRUE COPY OF THE COUNTER STATEMENT FILED ON
BEHALF OF THE RESPONDENTS IN REF. NO.
RDOTLB/2347/2023-C1 BEFORE THE 2ND RESPONDENT
ON 11.09.2023
EXHIBIT P7 A TRUE COPY OF THE STATEMENT FILED BY THE
PETITIONER HEREIN BEFORE THE 2ND RESPONDENT
IN REF. NO. RDOTLB/2347/2023-C1 ON 15.12.2023
EXHIBIT P8 A TRUE COPY OF THE PLAINT IN O.S. NO.
461/2022 ON THE FILES OF THE MUNSIFF'S COURT,
TALIPARAMBA
EXHIBIT P9 A TRUE COPY OF THE COMMISSION REPORT DATED
07.11.2022 AND ROUGH SKETCH SUBMITTED BY THE
ADVOCATE COMMISSIONER IN O.S. NO. 461/2022 ON
THE FILES OF THE MUNSIFF'S COURT, TALIPARAMBA
EXHIBIT P10 A TRUE COPY OF THE PLAINT IN O.S. NO.
273/2023 ON THE FILES OF THE MUNSIFF'S COURT,
TALIPARAMBA
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EXHIBIT P11 A TRUE COPY OF THE COMMISSION REPORT DATED
06.06.2023 AND ROUGH SKETCH SUBMITTED BY THE
ADVOCATE COMMISSIONER IN O.S. NO. 273/2023 ON
THE FILES OF THE MUNSIFF'S COURT, TALIPARAMBA
EXHIBIT P12 A TRUE COPY OF THE PRELIMINARY DECREE DATED
18.08.2011 IN O.S. NO. 292/2010 ON THE FILES
OF THE MUNSIFF'S COURT, TALIPARAMBA
EXHIBIT P13 A TRUE COPY OF THE REVIEWED FINAL JUDGMENT IN
I.A. NO. 2382/2011 IN O.S. NO. 292/2010 ON
THE FILES OF THE MUNSIFF'S COURT TALIPARAMBA
WITH COMMISSION REPORT DATED 21.05.2018 AND
PLAN
EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 24.09.2022 IN
I.A. NO. 2 OF 2022 IN O.S. NO. 461/2022 ON
THE FILES OF MUNSIFF'S COURT TALIPARAMBA
EXHIBIT P15 A RUE COPY OF THE ORDER DATED 24.05.2023 IN
I.A. NO. 3 OF 2022 IN O.S. NO. 273/2023 ON
THE FILES OF MUNSIFF'S COURT TALIPARAMBA
// True Copy // PA To Judge
