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P,.Mohammedkunhi Vs Tahsildar — Writ and Judicial Review | Kerala HC (2011)

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Kerala HC
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P,.Mohammedkunhi Vs TahsildarP,.Mohammedkunhi v. Tahsildar

Dismissed

P,.Mohammedkunhi v. Tahsildar

Kerala HC19 Oct 2011OP/2591/2003

Case brief

AI extract

What is this about?

Writ petition for quashing order and directing acceptance of maintenance/installments dismissed for non-prosecution due to absent representation.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON

WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933

OP.No. 2591 of 2003(H)

----------------------

PETITIONER:

P. MOHAMMEDKUNHI, S/O. KUNHAMMED, HUDHA MANZIL, BENDICHAL, P.O. THECKIL, KASARAGOD.

BY ADV. MR. SAJEEV KUMAR K.GOPAL

RESPONDENTS:

THE TAHSILDAR (REVENUE RECOVERY) KASARAGODE.

Parties & counsel

AI extract

petitioner
P. Mohammedkunhi
respondent
The Tahsildar (Revenue Recovery) Kasaragode
respondent
The Village Officer, Thekkil

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 19 Oct 2011 · October
Registered: 23 Feb 2003
Case no.: OP/2591/2003

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Cite this judgement

P,.Mohammedkunhi v. Tahsildar, OP/2591/2003 (KL), decided on 19 October 2011.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

P.R. Ramachandran Menon

Parties & counsel

Outcome

Dismissed

Detailed headnote1 paragraphs

Original Writ Petition dismissed for non-prosecution. The petitioner failed to appear at the final hearing, and no representation was filed on his behalf despite pending issues regarding maintenance and transport welfare fund liabilities.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

THE VILLAGE OFFICER, THEKKIL.

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.R. RAMACHANDRA MENON J.

O.P No . 2591 of 2003

Dated, this the 19^th October, 2011

JUDGMENT

The petitioner has approached this Court with the following

prayers :

(i) issue a Writ of Certiorari or other appropriate writs, directions or orders calling for the records leading up to Ext. P2 and quash the same;

(ii) issue a writ of mandamus or other appropriate writs, directions or orders directing the 1^st respondent or accept the amount of Rs. 19,000/- in ten equal monthly instalments; (iii) render such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

It is stated in paragraph Nos. 4 and 5 of the original petition

that the liability sought to be realized from the petitioner was mainly under two heads; first by virtue of a claim petition preferred by his wife before the Judicial First Class Magistrate's Court, Payyannur for maintenance and other one in respect of the liability towards the Kerala Motor Transport Welfare Fund pertaining to the vehicle bearing No. KL14/A 399 owned by the petitioner. Despite the above position, the petitioner has not chosen to implead his wife and the authorities under the Kerala Motor Transport Workers Welfare Fund Board in the original

O.P. No. 2591 of 2011

: 2 :

petition. There is no representation for the petitioner as well, when the matter is taken up for final hearing.

In the said circumstances, the Original Petition is dismissed for

non-prosecution.

Sd/-

P. R. RAMACHANDRA MENON, JUDGE

kmd

/True copy/

P.A. to Judge

P.R. Ramachandran Menon

CNR

KLHC010265182003

Topic

Writ and Judicial Review

Bench

P.r.ramachandra Menon

Disposal

DISMISSED

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