In this writ petition concerning pipeline laying on the petitioner's property, the High Court of Kerala closed the petition with a direction that the parties abide by the orders of the pending civil suit before the Sub Court, Kattappana.
Writ petition closed with direction that parties abide by orders of the civil suit O.S.No.99/2010.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937
W.P.(C).No. 13472 of 2010 (H)
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PETITIONER :
SOSAMMA MATHEN, AGED 71 YEARS, RESIDING AT KALLOOPARAMBIL HOUSE, EDENVALLEY ESTATE, ASOKAVANAM, MAVADY KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK.
BY ADVS.SRI.SATHISH NINAN
SRI.SANTHOSH MATHEW SRI.ARUN THOMAS
RESPONDENTS :
1. THE DISTRICT PANCHAYAT, IDUKKI, PAINAVU, REPRESENTED BY ITS SECRETARY.
2. ANTHRAYOS @ THANKACHAN, AGED 50 YEARS, S/O. THOMAS, PALACKAVAYALIL HOUSE, ASOKAVANAM, MAVADY KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK.
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W.P.(C).No. 13472 of 2010 (H)
3. V.T. ABRAHAM, AGED 50 YEARS, S/O. VARGHESE, VAYALIL KARA, ASOKAVANAM, MAVADY KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK.
4. REGI, AGED 32 YEARS, W/O. SAJEEVAN KANJIRATHUMKAL HOUSE, ASOKAVANAM, MAVADY KARA, PARATHODU VILLAGE, UDUMBANCHOLA TALUK.
R2 TO R4 BY ADV. SRI.RAJU JOSEPH
BY GOVERNMENT PLEADER : SRI.REJI JOSEPH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No. 13472 of 2010 (H)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
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P.V. ASHA, J.
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W.P.(C).No. 13472 of 2010
--------------------------------------------------------Dated this the 19th day of November, 2015
JUDGMENT
This writ petition was filed, when the 1st respondent-The District Panchayat made attempts for laying pipe line through the property of the petitioner. This Court had passed an
interim order at the time of admission.
already filed before the Sub Court, Kattappana in respect of the very same issue.
Therefore, this writ petition is closed with a direction that parties will abide by the orders of the Civil Court in O.S.No.99/2010, on the file of the Subordinate Judges Court, Kattapana.
Sd/-
P.V. ASHA
JUDGE
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2 issues framed by the court
Whether the writ petition should be closed in favour of the pending civil suit on the same issue.
Whether directions should be issued for the parties to abide by the orders of the civil court.
SOSAMMA MATHEN
THE DISTRICT PANCHAYAT, IDUKKI
ANTHRAYOS @ THANKACHAN
V.T. ABRAHAM
REGI
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
