The writ petition was dismissed for non-prosecution based on the submission that a civil suit for partition between the parties was pending before the Sub Court, Mavelikkara, which would govern the disputed issue. The court did not adjudicate the challenge against the police report.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936
WP(C).No. 4428 of 2009 (B)
PETITIONER:
LALITHA NAIR ALIAS LALITHAMMA, D/O.CHINNAMMA, VALAVAKKOT VEETTIL, EVOOR VADAKKUM MURI, CHEPPAD P.O., ALLEPPEY DISTRICT.
BY ADV. SRI.S.KRISHNAMOORTHY
RESPONDENTS:
1. THE DISTRICT COLLECTOR, ALAPPUZHA
2. THE TAHSILDAR, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT.
3. MR.S.SREEKUMARAN NAIR, VALAVAKKOT VEEDU, EVOOR NORTH, CHEPPAD P.O., ALAPPUZHA DISTRICT.
BY GOVERNMENT PLEADER SRI.P.V.ELIAS
R3 BY ADV. SRI.TOM K.THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MJL
C.K. ABDUL REHIM, J.
W.P.(C)No.4428 of 2009
------------------------------Dated this the 25th day of February, 2015
JUDGMENT
Counsel for the petitioner as well as counsel appearing for the 3rd respondent submit that the challenge raised against Ext.P7 report need not be adjudicated in this writ petition, in view of a civil suit between the parties for partition and consequential reliefs is being agitated before the Sub Court, Mavelikkara as O.S.No.77/2009. The verdict of the civil suit will govern the issue, is the submission.
In view of the above submission this writ petition is dismissed for non prosecution.
Sd/- C.K. ABDUL REHIM JUDGE
MJL
Lalitha Nair alias Lalithamma
The District Collector, Alappuzha
The Tahsildar, Karthikappally Taluk, Alappuzha District
Mr. S. Sreekumaran Nair
C.K. Abdul Rehim
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
