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Valsala Vijayakumar vs Kochu Tresa
2025 Latest Caselaw 5401 Ker

Citation : 2025 Latest Caselaw 5401 Ker
Judgement Date : 24 March, 2025

Kerala High Court

Valsala Vijayakumar vs Kochu Tresa on 24 March, 2025

                                                        2025:KER:24323
WP(C)No. 32764 of 2015

                                 1
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE P.M.MANOJ

        MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

                        WP(C) NO. 32764 OF 2015


PETITIONER :

            VALSALA VIJAYAKUMAR
            AGED 55 YEARS
            W/O.K P VIJAYAKUMAR, R/A, 1717,COMBOURNE CIRCLE, HIGH
            GATE, DAIN FERN GOLF ESTATE, BOARD ACRES ROAD, FOURWAYS,
            JOHANESBURG, SOUTH AFRICA HAVING PERMANENT ADDRESS AT
            10,B2, KGL MARINA MAJESTIC, MARINE DRIVE, ERNAKULAM ,
            KOCHI 682018


            BY ADVS. SRI.B.N.SHIVSANKAR
                     SMT.DHANYA PALAN
                     SRI.T.KRISHNANUNNI (SR.)(K/280/1973)




RESPONDENTS :

    1       KOCHU TRESA
            AGED 55 YEARS
            D/O.CATHERINE LASER, R/A, 8/630, MANGOLIA BHAVAN,
            ATTINKUZHI, KAZHAKOOTAM P O, THIRUVANANTHAPURAM

    2       DR GABRIEL MAR GREGORIOUS METRAPOLITA BISHOP
            MALANKARA ORTHODOX SURIYANI SABHE, ORTHODOX CHURCH
            CENTRE, ULLOOR, MEDICAL COLLEGE P O, THIRUVANANTHAPURAM
            695011

    3       DIRECTOR GENERAL OF POLICE
            THIRUVANANTHAPURAM ,KERALA

    4       SUB INSPECTOR OF P OLICE
            KAZHAKKOTTAM POLICE SATION, THIRUVANANTHAPURAM

    5       DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION
            THIRUVANANTHAPURAM,
                                                       2025:KER:24323
WP(C)No. 32764 of 2015

                                2

    6      REVENUE DIVISIONAL OFFICER
           CIVIL STATION BUILDING,
           KUDAPPANAKUNNU,THIRUVANANTHPAURAM 695043

    7      VILLAGE OFFICER
           PANGAPPARA VILLAGE,KAZHAKKUTTAM, THIRUVANANTHAPURAM
           695017

    8      SUB REGISTRAR
           KAZHAKKUTTAM P O, KAZHAKKUTTAM ,THIRUVANANTHPAURAM
           DISTRICT, KERALA 695582

    9      DISTRICT COLLECTOR
           LMS COMPOUND , PALAYAM, THIRUVANANTHAPURAM 695034

    10     STATE OF KERALA
           REP BY CHIEF SECRETARY, THIRUVANANTHAPURAM


           BY ADV R.T.PRADEEP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                              2025:KER:24323
WP(C)No. 32764 of 2015

                                    3
                                                                      C.R.
                            P.M. MANOJ, J
                     ------------------
                      WP(C) No. 32764 of 2015
                  ----------------------
                Dated this the 24th day of March, 2025


                              JUDGMENT

The writ petition is preferred by third persons seeking issuance

of a writ of certiorari for setting aside the judgment and decree in

O.S. No.247/2013 of the First Additional Sub Court,

Thiruvananthapuram. The question to be answered in the writ

petition is whether the jurisdiction under Article 226 can be invoked

to set aside the judgment on the alleged grounds of fraud and

impersonation.

2. The writ petition is preferred challenging the judgment and

decree dated 05.11.2014 in O.S. No.247 of 2013 of the First

Additional Sub Court, Thiruvananthapuram. The petitioner and her

husband had been residing with their family in South Africa for 17

years at the time of filing the writ petition. She purchased 10.80

Ares of property in Old Survey No.1821/1 and Re-survey No.274/10

of Pangappara Village, Thiruvananthapuram Taluk. This property was

assigned to her and her husband by one P.Y. Thomas as per Ext.P1 2025:KER:24323

dated 17.07.2006. Sri.P.Y. Thomas obtained the property from the

deceased Bishop of Malankara Orthodox Suriyani Sabha,

Geevarghese Mardiascoras Episcopa Thirumeni as per Ext.P2 dated

13.10.1983. The Bishop obtained the property from one Mr.Paul

Thomas as per Ext.P3 dated 30.04.1980.

3. After the purchase of the property as per Ext.P1 the property

tax and the encumbrance certificates were handed over by the

assigner to the petitioner and her husband. Thereafter, the petitioner

constructed a compound wall to secure the property, and they

remained in South Africa as her husband was employed in Botswana,

and the petitioners visited the property occasionally. Later, they

were informed by a friend of her husband that a news item relating

to their property was published in the Malayala Manorama daily dated

15.12.2010. The news item was that the first respondent had got

someone to impersonate the deceased Bishop, and the present

Bishop, Dr.Grabriel Mar Gregorius Metrapolita (2nd respondent), had

filed a complaint before the 3rd respondent - DGP.

4. The complaint is with respect to the creation of the Ext.P7

document dated 31.03.2010, which is stated to be created by the

first respondent for transferring the land owned by the petitioner as 2025:KER:24323

it is directly assigned by the assigner in Ext.P2, i.e. Late Bishop

Geevarghese Mardiascoras Episcopa. The crucial aspect is that

Bishop Geevarghese Mardiascoras Episcopa passed away on

23.07.1999. Under such circumstances, the police started an

investigation and Ext.P8 Final Report was filed by the Sub Inspector

of Police, Kazhakkoottam, before the Judicial First Class Magistrate

Court-II, Attingal, on 10.07.2011 as CC No. 589/2011. In the Final

Report the first respondent herein is the second accused. Later she

was released on bail.

5. The officers involved in the alleged fraudulent transaction

were also arrayed as witnesses in the FIR, and a Vigilance Inquiry

was ordered against those officers. As a result, the 5th respondent

Director General of Vigilance and Anti Corruption Bureau obtained

sanction from the Government to proceed against the Government

Officials.

6. While all these proceedings were in motion, the 1 st

respondent approached the Sub Court and filed a Suit as OS

No.247/2013 wherein the Late Bishop was the second defendant and

the predecessor in interest of the Bishop was the first defendant. As

there was no appearance on the part of the defendant, an ex parte 2025:KER:24323

order was passed against the defendants therein on 05.11.2024,

especially against the 2nd defendant, Bishop, who passed away on

23.07.1999. It is the case of the petitioner that the Suit was filed

suppressing all the facts of initiation and pendency of criminal

proceedings against the plaintiff/ 1st respondent herein as stated

above.

7. In the meanwhile, the petitioner and her husband obtained

an order from the jurisdictional RDO as per Ext.P13 for cancelling the

mutation effected in the name of the 1st respondent as per Ext.P13

dated 22.12.2013 on the basis of the complaint preferred by

petitioner and her husband. Ext.P10 judgment was obtained

concealing even these facts. The Tax receipts produced along with

the writ petition show that the petitioner and her husband were

paying the tax between 2011 and 2015. But the possession

certificates issued on 19.04.2012 and 03.01.2013 will go to show

that the petitioner and her husband were in possession of the

property even at the time of issuance of Ext.P10 judgment. Even

the encumbrance certificate produced along with the writ petition

also shows that the petitioner and husband were in possession from

2006. However, an entry is evident in one of the encumbrance 2025:KER:24323

st certificates that the 1 respondent obtained the property with effect

from 01.03.2010 from the deceased Bishop.

8. In order to substantiate her case, the petitioner has

produced the FIR filed before the Court of Enquiry Commission and

Special Judge, Thiruvananthapuram as per Ext.P14 and the order of

rejection of Bail Application of the 1 st accused as per Exts.P15 and

16. Finally, by Ext.P16 C, the 1st respondent was released on bail.

The petitioner has also produced the latest extracts of the BTR,

possession certificate and encumbrance certificate. In the latest

encumbrance certificate, which is produced as Ext.P24, it is shown

that after Ext.P1 transaction, another transaction was recorded in

the year 2010 in the light of Ext.P7. Later a further entry was made

in the year 2012 whereby entire property has been transferred to the

petitioner herein as per Ext.P4.

9. The petitioner has also produced certain documents such as

Ext.P25, a letter stated to be issued by the deceased Bishop to the

Joint Director in the year 2009 whereby he has entrusted one Joseph

for carrying out survey activities. This person is one of the accused

in the criminal case and by Ext.P26(a), P26(b) and P26(c) death

certificates and Ext.P27 election identity cards allegedly forged by 2025:KER:24323

st the 1 respondent and her allies. Later, during the pendency of the

writ petition, the petitioner also produced additional documents such

as FIR, a charge sheet filed before the Court of Enquiry Commission

and Special Judge, Vigilance, Thiruvananthapuram, latest tax

receipts, possession certificate, thandaper and the encumbrance

certificate of the year 2019.

10. In the meanwhile, in the year 2016 the 1st respondent

preferred a counter affidavit whereby she tried to establish that she

had purchased the property from one Geevarghese Mardiascoras

Episcopa as per Ext.R1(a) sale deed (Ext.P7 in the writ petition) who

obtained the sale deed from one Paul Thomas in the year 1980, i.e.

Ext.P3 in the writ petition. She further contended that she was in

absolute possession and enjoyment and effected mutation, paid land

tax, and obtained thandaper Number 25623 of Pangappara Village.

11. It is further stated that one P.Y. Thomas, the assignor to

the petitioner, had purchased the same property as per sale deed

number 2583/1983, (i.e. Ext.P2 in the writ petition). In that regard,

she had preferred a complaint before the Police as well as revenue

authorities against that.

2025:KER:24323

12. It is further stated in the said counter affidavit that her

vendor Geevarghese Mardiascoras Episcopa had never executed

Ext.R1(b), i.e. Ext.P2 in favour of Sri.P.Y. Thomas. The signature

available in Ext.R1(b) document will show that one Dioscorus had

subscribed to the signature of her vendor and executed the said

document. She also stated that the document evidenced that the

Geevarghese Mardiascoras Episcopa, the head of the Malankara

Orthodox Suriyani Sabha, Thiruvananthapuram was for some

reasons stripped from the title and later Mar Dioscorus of Malankara

Orthodox Syrian Church was succeeded by Geevarghese

Mardiascoras Episcopa and the former assumed that the 30 cents of

property in Re-survey No.274/9 of Pangappara Village belonged to

the Sabha. However, in fact, Geevarghese Mardiascoras Episcopa

who was the owner and in possession of the property in his individual

capacity, may have sold the property to P.Y. Thomas. But in reality

the Mar Discorous had no title or possession over the property.

Thereby Sri.P.Y. Thomas cannot claim title over the property. On such

assumption, it is stated that Sale deed No.2582/1983 is a void

document or, for that matter, fraudulently executed.

2025:KER:24323

13. It is further stated, under the afore circumstances, as an

abundant caution, she had preferred O.S. No.247/2013 before the

Sub Court, Thiruvananthapuram, whereby P.Y. Thomas and her

vendor Geevarghese Mardiascoras Episcopapa were defendants 1

and 2, respectively. Despite receipt of the summons, they never

chose to appear before the Court. Accordingly, on 05.11.2014, the

suit was decreed, declaring that sale deed No.2582/1983 of

Kazhakkoottam Registrar Office is null and void, which is produced

as Ext.R1(c). This is the order impugned in this writ petition. On

the strength of the said judgment, as the respondents had not

challenged the same, the sale deed no.2582/1983 is non-existent.

14. It is also stated that prior to the institution of the suit, the

first respondent has served notice on various office bearers of the

Malankara Syrian Orthodox Badrasanam. Thereby sought to

withdraw the allegations levelled against her to the effect that she

had forged the identity cards and photo of the Metrapolita and

executed the document by impersonation. Since such allegations

are false and baseless, they required them to make a press release

of the actual facts and appealed to them to withdraw the criminal

case against her. In the said counter affidavit, she also explained 2025:KER:24323

the history of the Sabha and tried to establish that Geevarghese Mar

Diascoras Episcopa had left the Sabha in 1982 and purchased the

property in his personal capacity and he had every right to sell the

property. Therefore, the Metrapolita Geevarghese Mar Diascoras

Episcopa have no authority to execute the document in favour of

Sri.P.Y. Thomas as per deed No.2582/1983. She also stated by

producing the death certificate that the Metrapolita Geevarghese

Mardiascoras Episcopa passed away on 23.07.1999. She had

purchased the property from Metrapolita Geevarghese Mardiascoras

Episcopa.

15. On the basis of these arguments, the sale deed executed

between the petitioner and her assigner is illegal, and it is an attempt

to grab her property, resorting to certain false allegations and

preferring false complaints against her. The petitioner has

approached this Court by swearing false averments with distorted

facts and seeking to dismiss the writ petition with costs to the 1 st

respondent.

16. The counter affidavit filed by the 1st respondent was

refuted by the petitioner by filing a reply affidavit, which stated that

the sale deed No.1029/2010, i.e. Ext.P7/R1(a), is a forged 2025:KER:24323

document. The said document is created by impersonating late

Bishop Geevarghese Mardiascoras Episcopa. This fact is evident

from the complaint preferred by the present Bishop before the 3 rd

respondent State Police Chief and the Ext.P8 Final Report. The 1 st

respondent is the second accused in that case. A parallel enquiry was

conducted by the Vigilance and Anti Corruption Department against

the Government Officials. An FIR was filed vide FIR No.VC

03/2016/SRT dated 13.06.2016 before the Court of Enquiry

Commissioner and Special Judge, Vigilance,Thiruvananthapuram. In

the original FIR, one Karunakaran S/o.Cheriyan Nadar, was the first

accused, and Kochuthresia, the 1st respondent herein, is the second

accused. Joseph alias Monvila Joseph is the third accused. She is

attempting to confuse by using the names in various manner by

changing the spelling and spacing between the words in the name of

the Bishop. That amounts to fraud and perjury. The name, which is

differently spelt in the counter affidavit, is one and the same person

whose death certificate is produced by the 1st respondent as per

Ext.R1(e). The same death certificate is produced by the petitioner

as well as the 2nd respondent as per Ext.P26 series and Ext.R2(c)

respectively.

2025:KER:24323

17. Police, as well as the Revenue Authorities, conducted

enquiries with respect to the impugned title deed. On the basis of

the same, the 1st respondent claims title over the petitioner's

property. Finally, RDO has cancelled the mutation in the name of the

1st accused and mutated back to P.Y. Thomas, the original assignee

to the petitioner, and simultaneously mutated in the name of the

petitioner and her husband, who were the then original co-owners.

Later, in year 2012, the entire property was conveyed to the name

of the petitioner as per Ext.P4.

18. The petitioner also explains the sequence of events of the

transfer of property from Paul Thomas in the year 1980 to the late

Bishop. Then Late Bishop to P.Y. Thomas in the year 1983. Thereafter

P.Y. Thomas, in the year 2006, to the petitioner and her husband. In

the year 2010, the first accused fraudulently created a deed showing

that the property was transferred to her name by the late Bishop.

The same happened by impersonation of Late Geevarghese

Mardiascoras Episcopa by Mr.Karunakaran, the accused in Crime

874/10 in CC 587/2011. He registered a sale deed No.1029/10

presenting the fake election ID card to the Sub Registrar,

Kazhakkuttam in favour of the 1st respondent. Thereafter the 1st 2025:KER:24323

respondent, with the fake and fraudulently registered document and

faked encumbrance certificate, managed to mutate the property in

her favour and obtained thandaper No.25623, and paid property tax

for the year 2010-11.

19. Knowing the aforementioned fraud, the thandaper

No.25623 was cancelled on the basis of the complaint preferred by

the petitioner and her husband as per Ext.P13. Accordingly, new

thandaper No.27138 was assigned in the name of K.P.Vijayakumar

and Valsala Vijayakumar, the husband and wife. Later by Ext.P4, the

portion of the husband was transferred to the name of the wife, who

is the petitioner herein and obtained new TP No.28246.

20. The contention raised by the 1st respondent that P.Y.

Thomas has approached the police raising certain false complaints

was also refuted. In fact, it was the present Bishop who had raised

the complaint before the then Director General of Police as is evident

from Ext.P5. Neither P.Y.Thomas nor the petitioner and her husband

ever approached the Police. The petitioner came to know about the

fraudulent transaction from the information given on the news item

published in the vernacular newspaper published in the locality while

the petitioner's husband was in visit to Kerala. The news items 2025:KER:24323

published on those days were produced along with the writ petition.

Ext.P7 sale deed was created by affixing the photographs of a

fraudster Karunakaran and creating a letter to the resurvey

superintendent, i.e. Ext.P25. The signatures available in Ext.P7 and

Ext.P25 appear to be grossly different.

21. The petitioner also elucidated the history of the Sabha

stating that the Thiruvananthapuram Diocese of Malankara Orthodox

Syrian Sabha was commissioned on 01.01.1979. Late Bishop

Geevarghese Mardiascoras Episcopa was the first

Episcopa/Metrapolita from its inception on 01.01.1979, and he was

in the capacity till 1999. On 23.07.1999, he passed away. No other

person headed the Sabha with a similar name to that of the Late

Bishop, as confirmed by the present Bishop, who preferred the

complaint before the Police.

22. It is also contended in the reply affidavit that 1st

respondent's version with respect to service of notice is a mere

impossibility as he is living in Botswana and he became a foreign

citizen and the address provided in the suit with respect to the Bishop

is also not in existence. Without providing sufficient details and

suppressing certain material facts, the 1st respondent managed to 2025:KER:24323

obtain the impugned Ext.P7 judgment. It is also stated that, the 1st

respondent, who is an ordinary daily worker, could not have

committed such fraud without the help of some able brains who are

behind the curtain. In the enquiry, those persons came to light, and

they are facing prosecution. The petitioner was never made a party

to the suit before the Sub Court. On this background the counter

affidavit preferred by the 1st respondent is sought to be rejected.

23. Later, in the year 2016, the 2nd respondent who had

preferred a complaint for the first time before the police had

preferred a counter affidavit. The 2nd respondent is straight away

supporting the contentions raised in the writ petition while

meticulously refuting the contentions raised in the counter affidavit

filed by the first respondent.

24. For that purpose, the 2nd respondent has brought some

facts with respect to the Sabha and also the appointment of the first

Bishop, etc. The counter affidavit also provides the name of the

Bishops till 2016 and tried to establish that no other person similar

to the name of the first Bishop i.e. Geevarghese Mardiascoras

Episcopa was in existence in Sabha. In order to prove the identity

of the first Bishop, the 2nd respondent has brought some biographical 2025:KER:24323

notes with respect to the parents, maiden name, his consecration

etc. upto his death on 23.07.1999 and the counter affidavit denies

the story rendered by the 1st respondent that the first Bishop once

left the church in 1982. He also tried to explain the way the first

accused tried to confuse the court by spelling the name of late

Geevarghese Mardiascoras Episcopa in various documents in

Malayalam and English. He also reiterated the stand of the petitioner

that the 1st respondent is bringing distorted contention and is trying

to project that two different persons were in existence with similar

names, and both of them were the Bishops of the Malankara

Orthodox Syrian Church. In order to establish that the 2 nd

respondent has produced literature marked as Ext.R2(i) and also

explained the history of the transaction of the property in survey

Number 182/1/1 and resurvey No.272/10 of Pangappara Village,

Thiruvananthapurm Taluk which is in consonance with the contention

raised by the petitioner in the writ petition and also stated with

respect to the criminal case and filing of charge sheet as well as the

proceedings under the Vigilance Department etc.

25. On the strength of the contentions raised in the writ petition

as well as in the counter affidavit filed by the 2nd respondent the 2025:KER:24323

petitioner seeks to issue writ of certiorari to quash Ext.P7 judgment

of the Sub Court, Thiruvananthapuram.

26. I have heard Sri.T.Krishnanunni, Senior Counsel, instructed

by Adv.P.N. Sivasankar, Adv.J. Harikumar for the 2nd respondent and

Sri.Binoy Davis, learned Government Pleader. However, there was

no appearance for the 1st respondent. Initially a Vakalath was filed

on behalf of the 1st respondent and a counter affidavit was filed.

Later, the counsel has relinquished his vakalath. A new counsel was

engaged by the 1st respondent. However, he has also relinquished

the vakalat. Later, notice was sent to the 1st respondent by a special

messenger that was returned, reporting that the addressee was not

in place. In order to complete the service, petitioner was permitted

to take out notice by paper publication to the 1 st respondent.

Accordingly, paper publication was effected and produced the

evidence in the paper book. Thereafter, on multiple occasions, the

matter was posted before this Court; however, there was no

response from the 1st respondent. Under the said circumstances, I

decided to hear the matter and dispose of it finally.

27. Having considered the contentions raised across the Bar, it

appears that this is a matter of substantial question of law, whether 2025:KER:24323

this Court can invoke jurisdiction under Article 226 to quash a

judgment of the trial court in an Original Suit in the case of a

challenge raised by a third person to the said suit.

28. The said challenge is raised on the background of the

alleged fraud raised in the aforementioned paragraphs. A criminal

case registered in that case is under trial before the competent court

having jurisdiction. Unless and until final verdict comes out in that

case, this Court cannot come to a conclusion that there is a

substantial fraud as alleged in the writ petition.

29. On the basis of the alleged fraud, the learned Senior

Counsel tried to substantiate that the judgment obtained by the 1 st

respondent is liable to be interfered with by invoking the jurisdiction

under Article 226 of the Constitution. In support of his contentions,

learned Senior Counsel brought to my attention the following

decisions:

"Hamza Haji v. State of Kerala and others [AIR 2006 SC

3028], Vishal Garg and Others v. Union of India and Others

[2015 SCC OnLine P&H 5343], P. Subramani v. A.Periyasamy

[2013 SCC OnLine Mad 3132], The Koushik Mutually Aided Co-

2025:KER:24323

operative Housing Society v. Ameena Begum and Another

[2023 SCC OnLine SC 1662] and Reghu B and Another v. State

Bank of Travancore, Tvm and Another [2015 (4) KHC 270]"

30. Per contra, the learned Government Pleader has argued

that this Court cannot invoke jurisdiction under Article 226 to

unsettle the impugned judgment. The learned Government Pleader

has brought to my notice the following decisions :

"Jacky v. Tiny @ Antony and Others [2014 (2) KHC 290],

Radhey Shyam and Another v. Chhabi Nath and Others [2015

KHC 4152], My Palace Mutually Aided Co-operative Society v.

B. Mahesh and Others [2022 KHC 6834] and Hardevinder Singh

v. Paramjit Singh and Others [2013 KHC 4017]"

31. In order to ascertain the capability of this Court while

exercising jurisdiction under Article 226, one of such decisions is also

considered by this Court which is as follows :

"CISF v. Santhosh Kumar Pandey [2022 KHC 7289]"

32. On analysing the aforementioned decisions, in the absence

of finality of criminal proceedings initiated against the first

respondent, this Court cannot hold a view that there is substantial 2025:KER:24323

fraud. If such a view is taken, that will affect the pending trial before

the competent court having jurisdiction. Rather, it would be

premature to jump to such a conclusion. Moreover, the writ

jurisdiction is meant for lining justice between the parties where it

cannot be done in any other forum. Moreover, where there is an

express provision available under the Civil Procedure Code, 1908 or

any Statute under which an appeal is maintainable bypassing the

appellate jurisdiction, writ jurisdiction cannot be invoked. Only in

the absence of a statutory appeal alone, writ jurisdiction can be

invoked under Article 226. Here in the case on hand, a specific

provision under CPC is available. Challenging the impugned

judgment, the argument of the petitioner is that the petitioner, being

a third party, cannot directly challenge the said judgment. Moreover,

according to the petitioner, the writ petition is preferred for

expeditious disposal by invoking the extraordinary jurisdiction.

33. Unfortunately, in the light of judgments Jacky,Radhey

Shyam , My Palace Mutually Aided Co-operative Society and

Hardevinder Singh supra, I cannot hold a different view. The

remedy available to the petitioner is to approach the trial court to

get herself impleaded in the party array, and thereafter, they can 2025:KER:24323

approach the same court for reviewing the judgment which is stated

to be obtained by fraud. Whereas the apprehension voiced by the

petitioner is with respect to the delay in approaching the said trial

court or other appellate forum and also the delay that would take in

the final disposal. There is no point in such apprehension as the

period of delay in approaching the appropriate forum can be

condoned in the light that the writ petition is preferred immediately

on the knowledge of the impugned judgment. Therefore, the period

in which the writ petition was pending before this Court can be

excluded for the application of limitation prescribed under the

Limitation Act. Hence, the question with respect to invoking the

jurisdiction of Article 226 against the impugned judgment is

answered in negative.

Writ Petition is dismissed accordingly.

Sd/-

P.M.MANOJ JUDGE ttb 2025:KER:24323

APPENDIX OF WP(C) 32764/2015

PETITIONER EXHIBITS

P1:-TRUE COPY OF SALE DEED BEARING DOC NO

P2:-TRUE COPY OF SALE DEED BEARING DOC NO

P3:-TRUE COPY OF SALE DEED BEARING DOC NO

P4:-TRUE COPY OF SETTLEMENT DEED NO 4069/2012

P5;-TRUE COPY OF THE LETTER OF TE BISHOP DTD 13/12/2010

P6:_TRUE COPIES OF NEWS ITEMS BETWEEN DECEMBER 2010 AND MARCH 2011

P7:-TRUE COPY OF THE SALE DEED BEARING DOC NO

P8:-TRUE COPY OF FIR NO 874/2010 & CHARGE SHEET

P9:-TRUE COPY OF LETTER DTD 10/2/2015

P10:-TRUE COPY OF THE JUDGMENT OF THE ADDL SUB COURT, THIRUVANANTHAPURAM IN OS NO 247/2013 DTD 5/11/2014

P11:-TRUE COPY OF THE LAND TAX RECEIPTS DTD 14/7/2006,19/4/2012,3/1/2013,24/8/2013,19/5/2 014, 20/10/2015 POSSESSION CERTIFICATE DTD 19/4/2012 & 3/1/2013 , ABSTRAACT OF THANDAPER REGISTER,ENCUMBARANCE CERTIFICATE DTD 15/12/10,20/1/13,21/10/15

P12:-TRUE COPIES OF LETTERS DTD 10/6/2010,27/10/2011,19/12/2011

P13:-TRUE COPY OF THE ORDER OF THE RDO DTD 23/12/2011

 
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