Petitioner challenged the measurement of a property, alleging it was an attempt to defeat a pending civil suit. The High Court held that since the measurement was subject to the suit's result, writ jurisdiction under Article 226 was not available.
No costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937
WP(C).No. 12851 of 2007 (E)
PETITIONER(S):
NARAYANI NAGAMMA, VADAKKE THOPPIL VEEDU, KALMANAM P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.M.BALAGOVINDAN SRI.SASITH PANICKER
RESPONDENT(S):
1. REVENUE DIVISIONAL OFFICER, OFFICE OF THE R.D.O., FORT, THIRUVANANTHAPURAM.
2. SUPERINTENDENT OF SURVEY AND LAND RECORDS, OFFICE OF THE SUPERINTENDENT OF SURVEY,
3. TALUK SURVEYOR,
4. SUKUMARAN, S/O. CHINNAKALU,
5. VIJAYAN,
R1 TO R3 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 12851 of 2007 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:
--------------------------------------
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
K. Vinod Chandran, J
-------------------------------------W.P.(C).No.12851 of 2007-E
Dated this the 02nd day of June, 2015
JUDGMENT
The petitioner in the above writ petition contends that, the
measurement attempted of the property was to defeat a suit pending between the petitioner and respondents 4 and 5.
The writ petition would stand dismissed. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether a writ petition under Article 226 of the Constitution can be invoked when the measurement of property is subject to the result of a pending civil suit.
Whether the measurement of disputed property pending a civil suit defeats the jurisdiction of the writ court.
Narayani Nagamma
Revenue Divisional Officer
Superintendent of Survey and Land Records
Taluk Surveyor
Sukumaran
Vijayan
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
