In a review petition filed by a third party following a writ petition disposed of on 01/12/2015 directing property measurement, the Court held that any exercise completed by the Additional Tahsildar would be subject to the pending civil suit and disposed of the petition.
Petition dismissed with observation that measurement is subject to pending suit and no costs.
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 A.MUHAMED MUSTAQUE
FRIDAY, THE 22ND DAY OF JANUARY 2016/2ND MAGHA, 1937
RP.No. 53 of 2016
JUDGMENT DATED 01-12-2015 IN WP(C) 36230/2015.
REVIEW PETITIONER/3RD PARTY:
NIBU K.DANIEL. S/O.DANIEL, AGED 43, KANNANUPARAMBIL, AYIROOR NORTH.P.O., NJUZHUR MURI, AYIROOR VILLAGE, RANNI TALUK.
BY ADV. SMT.INDU SUSAN JACOB
RESPONDENT(S)/RESPONDENTS & PETITIONER:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695 001.
2. THE THASILDAR, OFFICE OF THE THASILDAR, RANNI, PIN- 689 672.
3. THE TALUK SURVEYOR, OFFICE OF THE THASILDAR, RANNI, PIN - 689 672.
4. C.A.MATHEW, S/O.ABRAHAM, AGED 65 YEARS, NELLITHANATHU HOUSE, AIYROOR MURI & VILLAGE, RANNI TALUK, PATHANAMTHITTA DISTRICT, AIYROOR P.O., PIN: 689 611.
R1 TO R3 BY GOVERNMENT PLEADER SRI.GIKKU JACOB R4 BY ADV. SRI.V.SETHUNATH
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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RP.No. 53 of 2016
APPENDIX
PETITIONERS' ANNEXURES:
ANNEXURE A1 : A TRUE COPY OF THE JUDGMENT DATED 1.12.2015 IN WP(C).NO.36230/2015 ON THE FILES OF HON'BLE HIGH COURT OF KERALA.
RESPONDENTS' ANNEXURES: NIL.
//TRUE COPY//
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
R.P.No.53/2016 in
W.P.(C).No.36230/2015
Dated this the 22nd Day of January, 2016
O R D E R
The review petition is filed by a third party to the writ petition.
This petition was filed after obtaining leave. The writ petition was
disposed of by this Court on 01/12/2015 directing the Additional
Tahsildar, Ranni to measure the property of the petitioner after notice
to the petitioner and all other affected persons.
there is a suit pending, the subject matter of which is the property
referred in the judgment in the writ petition and the predecessor-in-
interest of the petitioner is the review petitioner's sister and though
R.P.No.53/2016
-:2:-
the writ petitioner is not a party to the suit, the judgment of the said
suit will be binding on the writ petitioner.
view that any exercise completed by the Additional Tahsildar certainly, would be subject to the civil suit. Further, no other grounds
exist for reviewing the judgment. The review petition is disposed of
with the above observations. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether a measurement of property directed by this Court is valid despite a pending suit where the writ petitioner is not a party but is the successor-in-interest of a party to the writ petition.
NIBU K.DANIEL
STATE OF KERALA
THE THASILDAR, RANNI
THE TALUK SURVEYOR, RANNI
C.A.MATHEW
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
