KERALA v. PRAKASH BABU
Case at a glance
Outcome
Dismissed
The writ appeal is dismissed accordingly
Provisions considered
Key paragraphs
- Para 33. Considering the above aspect and particularly the direction issued by the learned Single Judge in paragraph 7 of the impugned judgment directing the Village Officer to consider the mutation of the property in the name of the original petitioners W. P. (C) No. 1479…
Judgment
THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945 AGAINST THE ORDER IN RP NO.318 OF 2013 OF HIGH COURT OF WA NO. 1479 OF 2016 APPELLANT/S: KERALA SNDP UNION DEVELOPMENT AND WELFARE SOCIETY VADAKARA,KOZHIKODE DISTRICT, REPRESENTED BY ITS PRESIDENT,P.N.RAVINDRAN, S/O.KANARAN, POOKANDIMALAYIL, MEPPAYIL.P.O, VADAKARA, KOZHIKODE DISTRICT. BY ADVS. SRI.R.K.MURALEEDHARAN SMT.ATHIRA A.MENON RESPONDENT/S: 1 2 3 4 5 6 PRAKASH BABU S/O.PADMANABHA KURUP, 'ASWATHY', PARAKOTTOOR, VADAKARA-673101. SREELAJA PRAKASH BABU 'ASWATHY', PARAKOTTOOR, VADAKARA-673101, STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695001. THE DISTRICT COLLECTOR KOZHIKODE 673305 THE TAHSILDAR VADAKARA TALUK, KOZHIKODE 673305 THE VILLAGE OFFICER MANIYOOR, VADAKARA, KOZHIKODE DISTRICT, 673101 W. P. (C) No. 1479 of 2016 -2- BY ADVS. ATUL SOHAN R.REJI (ATTINGAL)(K/1471/2003) SREEJA SOHAN K.(K/001271/2001) K.V.SOHAN(K/475/1981) OTHER PRESENT: SR.GP.V.TEKCHAND THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No. 1479 of 2016 -3- J U D G M E N T A. J. Desai, C. J. By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the review petitioner, a third party to the writ petition, has challenged the order dated 11.03.2016 in R. P. No. 318 of 2013 in W. P. (C) No. 14726 of 2011 by which the learned Single Judge has refused to entertain the review petition.
It appears from the record and the arguments advanced before this Court that some civil suits filed by the present appellant are pending before the civil court. One suit is with regard to the boundaries of the disputed property and the other suit is for declaration of title. There is no interim relief granted in the suit proceedings.
Operative part
Considering the above aspect and particularly the direction issued by the learned Single Judge in paragraph 7 of the impugned judgment directing the Village Officer to consider the mutation of the property in the name of the original petitioners W. P. (C) No. 1479 of 2016 -4- based on the title deeds produced by them after hearing the affected parties, we are of the opinion that no interference is called for by this Court in this appeal. The Village Officer shall comply with the direction and pass appropriate orders after hearing all concerned. The interim relief granted is hereby vacated. The writ appeal is dismissed accordingly. Pending Interlocutory Applications, if any, shall stand closed. Eb Sd/- A. J. DESAI CHIEF JUSTICE Sd/- V. G. ARUN JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.