Court dismissed two connected writ petitions. The primary petition was abandoned by the petitioner. The secondary petition was dismissed because the underlying administrative authority had already passed the necessary order under the relevant rules.
Writ petition dismissed as not pressed and the connected writ petition dismissed as no order survives.
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 SHAJI P.CHALY
FRIDAY, THE 4TH DAY OF NOVEMBER 2016/13TH KARTHIKA, 1938
WP(C).No. 24336 of 2013 (N)
PETITIONER(S) :
1. G.HARIDASA SARMA & ANOTHER, S/O.LATE GOPALAKRISHNAN POTTI, L.N. VIHAR, VENKULAM NOW RESIDING AT G.N.NILAYAM, VENKULAM, EDAVA,THIRUVANANTHAPURAM DISTRICT.
2. REGHUNANDHA SARMA,
S/O.LATE GOPALAKRISHNAN POTTI, L.N.VIHAR, VENKULAM, EDAVA, THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.K.S.AJAYAGHOSH
RESPONDENT(S) :
1. ADDITIONAL TAHSILDAR,
TALUK OFFICE, CHIRAYINKEEZHU, ATTINGAL P.O, THIRUVANANTHAPURAM.
2. VILLAGE OFFICER EDAVA VILLAGE, EDAVA P.O, CHIRAYINKEEZHU, THIRUVANANTHAPURAM
3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN-695 043.
4. BHARATHAN POTTI, S/O.LATE GOPALAKRISHNAN POTTI, M.N VIHAR, VENKULAM DESOM, EDAVA VILLAGE, THIRUVANANTHAPURAM- 695 311.
R1 TO R3 BY GOVERNMENT PLEADER SRI.RON BASTIAN R4 BY SRI.S.V.BALAKRISHNA IYER (SENIOR ADVOCATE)
ADVS. SRI.P.B.KRISHNAN
SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
SHAJI P. CHALY, J.
W.P.(C)Nos. 24336 of 2013 & 21048 of 2016
Dated this the 4th day of November, 2016
J U D G M E N T
-------------------
First among the captioned writ petitions are filed by
the petitioners seeking change of mutation in the village records. They are filed in respect of an issue relating to transfer of registry of a property, guided by the provisions of the transfer of registry rules. During the pendency of this writ petition, based on a complaint filed by the petitioners, Land Revenue Commissioner issued necessary direction to the District Collector to consider the application submitted by the petitioner, and consequent to the said direction, orders are passed. Therefore, today when the matter is taken up, learned counsel for the petitioners submitted that, this writ petition is not pressed and accordingly, W.P.(C) No.24336/2013 is dismissed as not pressed.
In view of the dismissal of the above writ petition
W.P.(C)Nos. 24336 of 2013 & 21048 of 2016 2
and since already an order is passed by an authority under the relevant rules, nothing survives in the W.P.(C) No.21048/2016 to be considered by this Court. Therefore, if the petitioner is aggrieved by any order passed, leaving open the remedy to invoke the appropriate jurisdiction, this writ petition is also dismissed.
Sd/- SHAJI P. CHALY, JUDGE.
[ True copy]
P.A. to Judge
rmm/5/11/2016
G. Haridasa Sarma & Another
Addl. Tahsildar
Village Officer Edava
District Collector
Bharathan Potti
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
