The writ petition filed by Alice Kurian regarding property disputes involving her daughter and the Chalakudy Municipality was finally heard. As no parties appeared and the subject matter could be addressed by lower appellate authorities or the Ombudsman, the court closed the petition without deciding merits.
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 K.VINOD CHANDRAN
SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938
WP(C).No. 15695 of 2009 (F)
PETITIONER(S) :
ALICE KURIAN, AGED 66 YEARS, W/O. PYNAPPILLIYIL KURIAN, MANJURAN VILLA, POTTA DESOM, PERAMBRA VILLAGE, MUKUNDAPURAM TALUK.
BY ADVS. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH)
RESPONDENT(S) :
1. THE STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
2. THE HON'BLE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS,THIRUVANANTHAPURAM.
3. THE CHALAKUDY MUNICIPALITY, REP.BY ITS SECRETARY, CHALAKUDY P.O., THRISSUR DISTRICT.
4. M.D.MATHEW, MALAKKARAN HOUSE, POTTA P.O., CHALAKUDY, THRISSUR.
R1 & R2 BY GOVERNMENT PLEADER SMT. VINEETHA HARIRAJ R3 BY ADV. SRI.M.P.ASHOK KUMAR, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON 17-12-2016 DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 15695 of 2009 (F)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1: A TRUE COPY OF THE JUDGMENT IN O.S.NO. 339/2004 DATED 30.06.2006 ON THE FILE OF THE MUNSIFF COURT, CHALAKAUDY.
EXHIBIT P3: A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT IN O.P.NO. 1067 OF 2007 DATED 03.04.2009.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
K. Vinod Chandran, J
----------------------------------------W.P.(C) No.15695 of 2009-F
---------------------------------------Dated this the 17th day of December, 2016
JUDGMENT
The petitioner, concerned for her daughter, was aggrieved with the proceedings initiated at Exhibit P3, wherein the petitioner's daughter was the 4th respondent. The petitioner, on behalf of her daughter, had filed a suit [O.S.No.339 of 2004] before the Munsiff Court, Chalakudy for protection of the property belonging to her daughter. The relief sought for was an injunction against the Municipality insofar as the allegation of restoration of a “thodu”, which is said to have been encroached upon by the petitioner's daughter. It was contended that earlier the predecessor-in-interest of the property had surrendered a portion for the construction of a new thodu and subsequent to this, the Municipality had turned around and demanded surrender of certain other properties also. The suit eventually got dismissed, as is seen from Exhibit P1; against which an appeal is said to have been filed.
WP(C) No.15695 of 2009
Accordingly, the writ petition would stand closed, leaving liberty to parties to agitate their respective cause in the appeal or before the Ombudsman. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
Alice Kurian
The State of Kerala
The Hon'ble Ombudsman for Local Self Government Institutions, Thiruvananthapuram
The Chalakudy Municipality
M.D. Mathew
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
