Disposed

N.Pushparajan and Others v. the District Collector, Civil Station

Kerala HC14 Oct 2016WP(C)/21247/2009

Case brief

AI extract

What is this about?

The Supreme Court held that a writ petition regarding the transfer of property registry was closed after the respondent counsel submitted that the dispute had already been settled by the parties and is currently sub-judice in a civil suit.

What did the court decide?

The writ petitions were closed as the matter was already settled and sub-judice in a civil suit.

N.Pushparajan and Others Vs the District Collector, Civil… — Land Acquisition | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 14TH DAY OF OCTOBER 2016/22ND ASWINA, 1938

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WP(C).No. 21247 of 2009 (A) ----------------------------

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PETITIONER(S):

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1. N.PUSHPARAJAN, AGED 65 YEARS, S/O LATE NARAYANAN, PULLIPPACHA VEEDU, EETTYMOODU, KARUMKUTTIKKARA P.O. VAMANAPURAM, THIRUVANANTHAPURAM DIST.-695 606.

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2. CHANDRALEKHA, D/O. PUSHPARAJAN, NEERAJA HOUSE, VENNIYODU P.O. CHERUNNIYOOR, VILLAGE, VARKALA, CHIRAYINKEEZHU TALUK.

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3. SOBHALEKHA, D/O. PUSHPARAJAN, PLAVILA VEEDU, KODUVAZHOOR P.O. KODUVAZHOOR, VILLAGE, CHIRAYINKEEZHU TALUK.

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4. BINDULEKHA, D/O. PUSHPARAJAN,

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PULLIPPACHA VEEDU, EETTYMOODU,KARUMKUTTIKKARA PO, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT.

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5. LEKHA, D/O. PUSHPARAJAN, PULLIPPACHA VEEDU, EETTYMOODU,KARUMKUTTIKKARA PO.,, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.P.C.CHACKO(PARATHANAM) SMT.ASHA P.KURIAKOSE

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RESPONDENT(S):

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1. THE DISTRICT COLLECTOR, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT.

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2. THE ADDL. TAHSILDAR, TALUK OFFICE, NEDUMANGADU, NEDUMANGADU P.O, THIRUVANANTHAPURAM DISTRICT.

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3. THE VILLAGE OFFICER, VAMANAPURAM VILLAGE OFFICE, VAMANAPURAM P.O,

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NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT.

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4. SUNILKUMAR, S/O. SUKUMARAN, BINZY NIVAS, POOVATHUR, KARUMKUTTIKKARA, VAMANAPURAM, THIRUVANANTHAPURAM DISTRICT.

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-2-

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-2WPC NO 21247 OF 2009:

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5. TALUK SURVEYOR, TALUK OFFICE, NEDUMANGAD, NEDUMANGAD P.O, THIRUVANANTHAPURAM DISTRICT.

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R1 TO R3 & R5 BY GOVERNMENT PLEADER SRI SANTHOSH PETER R4 BY ADVS. SRI.R.SRINATH

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SRI.B.RAGUNATHAN SRI.J.VIMAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WPC NO 21247 OF 2009:

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF THE SALE DEED NO 523/98 DATED 2.3.1998 OF SRO VAMANAPURAM.

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P2: COPY OF THE SETTLEMENT DEED NO.632/1964 OF S.R.C.VAMANAPURAM EXECUTED BY NANI IN FAVOUR OF I PETITIONER.

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P3: COPY OF THE SETTLEMENT DEED DATED 26.6.2006 OF VAMANAPURAMS.R.O.

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P4: COPY OF THE TAX RECEIPT DATED 25.7.2006.

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P5: COPY OF THE CRL M.P. NO 5783/2008 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT,NEDUMANGADU FILED BY THE 1ST PETITIONER.

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P6: COPY OF THE PLAINT IN O.S.NO 66/2007 ON THE FILES OF THE MUNSIFF'S COURT,NEDUMANGADU FILED BY THE PETITIONER.

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P7: COPY OF THE C.M.A.NO 15/2007 FILED BEFORE THE SUB COURT,NEDUMANGADU.

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P8: COPY OF THE ORDER NO 3632/2007 THE 2ND RESPONDENT DATED 30.6.2007.

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P9: COPY OF THE APPEAL FILED BY THE PETITION BEFORE THE 1ST RESPONDENT.

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P10: COPY OF THE ORDER NO G6-55250/2007 DATED 25.5.2009 OF THE 1ST RESPONDENT.

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P11: COPY OF THE JUDGMENT DATED 14.11.2007 IN WPC NO 15408/2007.

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RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

K.V.

P.V.ASHA, J.

W.P(C) No.21247 of 2009-A

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Dated this the 14^th day of October, 2016

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JUDGMENT

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The main dispute in this writ petition is regarding the transfer of registry in respect of 59 cents of property in re-survey No.894/3/7 of Vamanapuram village. The learned counsel for the 4^th respondent submits that the issue has already been settled. The learned counsel for the petitioners submits that they are not getting any instructions from the petitioners.

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In view of the submission made by the learned counsel for the 4^th respondent that the matter has already been settled and there had been civil suit in respect the very same issue, the writ petition is closed.

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Sd/-

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(P.V.ASHA, JUDGE)

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rtr/

N.Pushparajan and Others v. the District Collector, Civil Station

Case brief

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N.Pushparajan and Others v. the District Collector, Civil Station

Case brief

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