This is a writ petition filed by Susumma Kunjumon which was finally heard on 23-03-2015. The petitioner failed to appear, resulting in the warrantless dismissal of the petition for default on the same day.
Null
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 C.K.ABDUL REHIM
MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937
WP(C).No. 28909 of 2010 (K)
PETITIONER:
SUSAMMA KUNJUMON, CHETTAKKATTU HOUSE, VAZHAPPALLY EAST VILLAGE, CHANGANANCHERRY.
BY ADV. SRI.MATHEW PHILIP EDAPPALLIL
RESPONDENT(S):
2. ASSISTANT REGISTRAR OF CO-OPERATIVE(GENERAL), CHANGANACHERRY, KOTTAYAM - 686 101.
5. ANNAMMA ANTONY, CHETTAKKATTU HOUSE, VAZHAPALLY P.O., KOTTAYAM - 686 103.
6. TUDY MOL, CHETTAKKATTU HOUSE, VAZHAPALLY PO., KOTTAYAM - 686 013.
ADDL. R5 & R6 ARE IMPLEADED AS PER ORDER DATED 8.12.2014 IN IA.17339/2010.
R1 & R2 BY SENIOR GOVT.PLEADER SRI.SOJAN JAMES R3 BY ADV. SRI.LAL GEORGE R4 BY ADV. SRI.LALJI P.THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 28909 of 2010 (K)
APPENDIX
PETITIONERS’ EXHIBITS:
| EXT. P1 : | TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE PETITIONER ON 10.5.96. |
|---|---|
| EXT. P2 : | TRUE COPY OF SALE DEED NO.2254/03 OF SRO, CHANGANACHERRY. |
| EXT. P3 : | TRUE COPY OF SALE CERTIFICATE DATED 1.8.2007 ISSUED BY THE 2ND RESPONDENT. |
| EXT. P4 : | TRUE COPY OF O.S.246/08 BEFORE THE MUNSIFF COURT CHANGANACHERRY FILED BY THE 4TH RESPONDENT. |
| EXT. P5 : | TRUE COPY OF THE ORDER DATED 24.2.2010 ISSUED BY THE 2ND RESPONDENT. |
| EXT. P6 : | TRUE COPY OF THE REVISION PETITION DATED 2.6.2010 BEFORE THE 1ST RESPONDENT. |
| EXT. P7 : | TRUE COPY OF THE COMMUNICATION NO.7465/C2/2010 CO-OP. DATED 8.7.2010 OF THE 1ST RESPONDENT. |
| EXT. P8 : | TRUE COPY OF SALE SANAD DATED 17.11.2007 EXECUTED IN FAVOUAR OF THE 4TH RESPONDENT. |
| EXT. P9 : | TRUE COPY OF THE LIST OF PERSONS PARTICIPATED IN THE AUCTION CONDUCTED ON 22.6.07. |
| **EXT. P10 : ** | TRUE COPY OF THE BASIC TAX RECEIPT DATED 6.10.2003 IN THE NAME OF PETITIONER. |
| **EXT. P11 : ** | TRUE COPY OF THE ENCUMBRANCE CERTIFICATE DATED 18.6.2007. |
| **EXT. P12 : ** | TRUE COPY OF THE POSSESSION CERTIFICATE DATED 11.8.2007. |
| **EXT. P13 : ** | TRUE COPY OF THE BASIC TAX RECEIPT IN FAVOUR OF RESPONDENTS 5 & 6. |
| **EXT. P14 : ** | TRUE COPY OF LETTER DATED 24.8.2013 ISSUED BY THE ASST. STATE PUBLIC INFORMATION OFFICER, OFFICE OF ASST. REGISTRAR (G), CHANGANACHERRY. |
RESPONDENTS' ANNEXURES:
EXT.R3(A) : TRUE PHOTOSTAT COPY OF THE ENCUMBRANCE CERTIFICATE DATED 19/6/2007.
//TRUE COPY//
P.S. TO JUDGE
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K. Vinod Chandran, J
------------------------------------W.P.(C).No.28909 of 2010-K
-------------------------------------Dated this the 26th day of March, 2014
JUDGMENT
None appears for the petitioner. Writ petition dismissed
for default.
Sd/-
K.Vinod Chandran Judge.
vku/-
(true copy )
1 issue framed by the court
whether the writ petition is maintainable after default in appearance
Susumma Kunjumon
Secretary to Government, Co-operative Department
Assistant Registrar of Co-operative(General), Changanacherry
Secretary, Vazhappally Service Co-operative Bank Ltd
Varghese Antony
Annamma Antony
K. Vinod Chandran
As recorded by the court registry
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