The Court held that the basic issue of property dispute between the petitioner and third respondent brother is pending before the competent Civil Court. Consequently, the writ petition was disposed of without interfering with the civil proceedings, directing parties to pursue the matter before the Munsiff Court.
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 HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935
WP(C).No. 27368 of 2013 (U)
PETITIONER :
KANHANGADAN PUTHANPURAYIL JANAKI, AGED 76 YEARS, D/O.VANNARAKKAL KUNHAPPA, KANHANGADAN PUTHANPURAYIL, KUDUKKIKOTTA, P.O.KANHIRODE, KANNUR DISTRICT.
BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
RESPONDENT(S) :
1. THE DISTRICT COLLECTOR, KANNUR DISTRICT.
2. THE VILLAGE OFFICER, MUNDERI VILLAGE OFFICE, KANNUR DISTRICT.
3. KANHANGADAN PUTHANPURAYIL KUNHIKANNAN, AGED 67 YEARS,S/O.VANNARAKKAL KUNHAPPA, K.P.NIVAS, KUDUKKIKOTTA, P.O.KANHIRODE, KANNUR DISTRICT.
R1 & R2 BY GOVERNMENT PLEADER SMT. K.T.LILLY R3 BY ADV. SRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 27368 of 2013 (U)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL
// TRUE COPY //
P.A. TO JUDGE
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P.R.RAMACHANDRA MENON, J.
W.P.(c) No.27368 OF 2013
Dated this the 28th day of November, 2013
JUDGMENT
The petitioner and the third respondent are siblings. There is
some property dispute in between. The petitioner claims to be the owner of the concerned property in respect of which tax was being remitted as borne by Ext.P1, which however came to be cancelled as per Ext.P3 by the first respondent, pursuant to the complaint preferred by the third respondent. Ext.P2 is the possession certificate in favour of the petitioner. Because of the turn of events, the petitioner approached the Munsiff's Court, Kannur by filing O.S.No.470/2010 for appropriate reliefs, wherein the third respondent (being the concerned defendant) has entered appearance and filed Ext.P5 written statement. Pursuant to further steps taken by the third respondent, the first respondent passed Ext.P7 order dated 9.10.2013, whereby Ext.P2 possession certificate already issued to the petitioner was ordered to be cancelled and the further course of action with regard to the collection
W.P.(C)No.27368/2013
2
of land tax and issuance of such other certificates was stipulated to be
done only in the manner as specified therein.
issue is pending consideration before the competent Civil Court and as such, the parties have to pursue the matter before the Civil Court. Implementation of Ext.P7 and further course of action with regard to the rights and interests of the parties concerned will be subject to the outcome of the orders to be passed by the Civil Court in O.S.No.470/2010.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON JUDGE
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W.P.(C)No.27368/2013 2
2 issues framed by the court
Whether the petitioner is entitled to specific reliefs regarding land tax and property title.
Whether the matter is appropriate for intervention by the High Court via a writ petition.
Kanhangadan Puthanpurayil Janaki
The District Collector, Kannur District
The Village Officer, Munderi Village Office, Kannur District
Kanhangadan Puthanpurayil Kunhikannan
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
