The Writ Appeal filed by the petitioners against the Single Judge's judgment declining jurisdiction to grant title declaration relief over a property with a culvert was dismissed. The Court held the Single Judge's order was correct.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 26TH DAY OF JULY 2013/4TH SRAVANA, 1935
WA.No. 2099 of 2012
WP(C) 4918/2007 of HIGH COURT OF KERALA DATED 04-06-2012
APPELLANT/ WRIT PETITIONER:
BY ADVS.SRI.M.NARENDRA KUMAR
SRI.P.B.PRADEEP
SMT.LAYA SIMON
RESPONDENT/ RESPONDENTS:
R3 BY ADV. SRI.K.N.CHANDRABABU
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26-072013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR, C.J. & K.VINOD CHANDRAN,J.
W.A.No.2099 OF 2012
Dated this the 26th day of July, 2013 JUDGMENT
Vinod Chandran, J.
Petitioners are before us impugning the
judgment of the learned Single Judge declining the jurisdiction to grant reliefs sought for in the writ petition. We notice that the relief sought for in the writ petition is primarily to declare the title of the petitioner over the property in which a culvert was constructed by the Panchayat under the People's Plan Programme during the year 2001-02. Considering the fact that this Court cannot grant such relief under Article 226 of the Constitution of India, learned Single Judge dismissed the writ petition granting liberty to the petitioner to approach the Civil Court. We are of the opinion that the order of the learned Single Judge cannot be disturbed.
Writ appeal is dismissed. No cost.
MANJULA CHELLUR, CHIEF JUSTICE.
K.VINOD CHANDRAN, JUDGE.
uj.
1 issue framed by the court
Whether the High Court can grant title declaration relief under Article 226 of the Constitution of India when the Single Judge declined the petition instead of granting liberty to approach the Civil C
T.M. Siddiquie
Amina Siddiquie
State of Kerala
Block Panchayat, Vaikom
Udayanapuram Grama Panchayat
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
