High Court of Kerala dismissed a writ petition as barred by res judicata because the same subject matter was previously adjudicated in WP(C) No.14599/2004, involving the petitioners.
Petition dismissed as barred by res judicata.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR
WEDNESDAY, THE 1ST AUGUST 2007 / 10TH SRAVANA 1929 WP(C).No. 11611 of 2007(G)
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PETITIONER:
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1. KAMALAM, W/O.LATE VISWANATHAN, PUTHEN VEEDU, NALLEPPILLY VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT.
2. SANTHAKUMAR, S/O.LATE VISWANATHAN, PUTHEN VEEDU, NALLEPPILLY VILLAGE, CHITTOOR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.K.M.KURIAN SRI.P.VIJAYAKUMAR
RESPONDENTS:
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1. DISTRICT COLLECTOR, PALAKKAD.
2. THE TAHSILDAR (RR), CHITTOOR, PALAKKAD DISTRICT.
3. THE VILLAGE OFFICER, NALLEPPILLY, PALAKKAD DISTRICT.
4. COMMERCIAL TAX OFFICER, SPECIAL SQUAD NO.4, PALAKKAD.
BY GOVERNMENT PLEADER SRI.C.K.GOVINDAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) NO.11611/2007
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1:- COPY OF THE REGISTERED WILL NO.50/92 EXECUTED ON 19.11.02 BY 1ST PETITIONER'S HUSBAND, VISWANATHAN, AT SRO KOZHINJAMPARA.
EXT.P2:- COPY OF THE ATTACHMENT MAHASSAR DT. 24.4.04 ISSUED BY THE 3RD RESPONDENT.
EXT.P3:- COPY OF THE JUDGMENT IN WP(C) NO.14599/04 DT. 15.6.05 .
EXT.P4:- COPY OF THE AFFIDAVIT FILED BEFORE THE 2ND RESPONDENT DT. 17.9.05.
EXT.P5:- COPY OF THE SALE NOTICE DT. 29.3.07.
/TRUE COPY/
P.A. TO JUDGE
tss
C.N.RAMACHANDRAN NAIR, J.
.................................................................... W.P.(C) No.11611 of 2007
.................................................................... Dated this the 1st day of August, 2007.
JUDGMENT
I find this W.P. is filed in respect of same subject matter which is covered by Ext.P3 judgment obtained by the very same petitioners. In the circumstances, W.P. is barred by res judicata. The petitioner can move for contempt, if there is violation of the earlier judgment.
C.N.RAMACHANDRAN NAIR Judge
pms
1 issue framed by the court
Whether the present writ petition is barred by res judicata since the same subject matter was covered by a prior judgment.
KAMALAM
SANTHAKUMAR
DISTRICT COLLECTOR, PALAKKAD
TAHSILDAR (RR), CHITTOOR
VILLAGE OFFICER, NALLEPPILLY
COMMERCIAL TAX OFFICER, SPECIAL SQUAD NO.4
C.N.RAMACHANDRAN NAIR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
