Disposed

Suresh Mathew v. State of Kerala

Kerala HC1 Feb 2017WP(C)/1313/2017

Case brief

AI extract

What is this about?

The High Court of Kerala directed the 3rd respondent (Revenue Divisional Officer) to consider the petitioners' complaint, provide an opportunity of hearing to all parties, and attain finality within three months to address alleged obstruction.

What did the court decide?

Direction to the 3rd respondent to attain finality to Ext.P4 petition within three months after providing opportunity of hearing to petitioners and respondents 7 to 11.

Suresh Mathew Vs State of Kerala — Kerala HC (2017) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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WEDNESDAY, THE 1ST DAY OF FEBRUARY 2017/12TH MAGHA, 1938

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WP(C).No. 1313 of 2017 (L)

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PETITIONER(S) :

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SURESH MATHEW, AGED 53 YEARS, S/O.N.G.MATHEW, KP V /9(1), MLRA-30, MLA ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM,

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REPRESENTED BY HIS LAWFUL POWER OF ATTORNEY MR.S.MURUGADAS, AGED 49 YEARS, S/O. SHANKARAN, T.C 2/541, VYSAKH, MADATHUVILA LANE,

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MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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BENNY JOHN, AGED 62 YEARS, S/O. PETER JOHN, HOUSE NO.21, CLUB ROAD , CHENNAI, NOW RESIDING AT KALLUVILA, MATHA BETH, KATTANAM, PALLICKAL P.O., ALAPPUZHA, REPRESENTED BY HIS LAWFUL POWER OF ATTORNEY MR.S.MURUGADAS, AGED 49 YEARS, S/O. SHANKARAN, T.C 2/541, VYSAKH, MADATHUVILA LANE,

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MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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N.G.SAM, AGED 62 YEARS, S/O.N.G MATHEW, KNRA-20,TC 4/2239(33), NILAMEL, KAIRALI NAGAR, KOUDIAR .P.O., THIRUVANANTHAPURAM, REPRESENTED BY HIS LAWFUL POWER OF ATTORNEY MR.S.MURUGADAS, AGED 49 YEARS, S/O. SANKARAN, T.C 2/541, VYSAKH, MADATHUVILA LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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MR. S.MURUGADAS, AGED 49 YEARS, S/O. SANKARAN, T.C 2/541, VYSAKH, MADATHUVILA LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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BY ADVS. SRI.BIJU BALAKRISHNAN SMT.V.S.RAKHEE

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..2/-

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..2..

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WP(C).No. 1313 of 2017 (L)

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, PIN CODE -695 043.

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3. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM, PIN CODE -695 043.

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4. THE DISTRICT RURAL POLICE CHIEF, THIRUVANANTHAPURAM.

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5. THE CIRCLE INSPECTOR OF POLICE, VENJARAMOODU, THIRUVANANTHAPURAM, PIN CODE-695 607.

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6. THE SUB INSPECTOR OF POLICE, VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM.

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7. K.RATNAKARAN, S/O.KUNJUKRISHNA NADAR, PONNARATHALA, KASHUNADU MURI, VATTAPARA VILLAGE, KATTAYAM P.O., THIRUVANANTHAPURAM-695 028.

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8. VISHALAKSHI, D/O.JANAKI, PONNARATHALA, KASHUNADU MURI, VATTAPARA VILLAGE,

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KATTAYAM .P.O., THIRUVANANTHAPURAM-695 028.

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9. VIJAYAKUMARI,

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D/O.VISHALAKSHI, PONNARATHALA, KASHUNADU MURI, VATTAPARA VILLAGE, KATTAYAM .P.O., THIRUVANANTHAPURAM-695 028.

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10. VASANTHAKUMARI, D/O.VISHALAKSHI, PONNARATHALA, KASHUNADU MURI, VATTAPARA VILLAGE, KATTAYAM P.O., THIRUVANANTHAPURAM-695 028.

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11. USHAKUMARI,

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D/O.VISHALAKSHI, PONNARATHALA, KASHUNADU MURI, VATTAPARA VILLAGE, KATTAYAM P.O., THIRUVANANTHAPURAM-695 028.

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R1 TO R6 BY GOVERNMENT PLEADER SRI. S.KANNAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 1313 of 2017 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 PHOTOSTAT COPY OF THE SALE DEED NO.868 OF 2008 OF SRO, KARAKULAM.

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P2 PHOTOSTAT COPY OF THE JUDGMENT DATED 31.07.1997 IN O.S NO.258 OF 1997, OF THE ADDITIONAL MUNSIFF COURT, NEDUMANGADU.

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P3 PHOTOSTAT COPY OF THE JUDGMENT DATED 28.08.1998 IN O.P. NO.11590 OF 1998 OF THIS HON'BLE COURT.

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P4 PHOTOSTAT COPY OF THE COMPLAINT DATED 08.07.2016 OF THE PETITIONERS BEFORE THE 3RD RESPONDENT.

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P5 PHOTOSTAT COPY OF THE REPORT DATED 18.07.2016 OF THE VILLAGE OFFICER, VATTAPPARA.

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P6 PHOTOSTAT COPY OF THE COMPLAINT DATED 06.01.2017 BY THE 4TH PETITIONER BEFORE THE 6TH RESPONDENT.

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P7 PHOTOSTAT COPY OF THE RECEIPT DATED 09.01.2017 ISSUED BY THE 6TH RESPONDENT ON RECEIPT EXT.P6.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

SHAJI P. CHALY, J.

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W.P.(C). No. 1313 of 2017

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Dated this the 1^st day of February, 2017

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JUDGMENT

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Petitioners have submitted Ext.P4 complaint before the 3^rd respondent purportedly under Section 7 of the Code of Criminal Procedure in view of the obstruction created by respondents 7 to 11. On the basis of Ext.P4, a report was sought for by the 3^rd respondent from the Village Officer and the same is filed on 18.7.2016 by the Village Officer. The grievance put forth by the petitioner is that, in spite of such developments, finality is not attained to Ext.P4. It is in this background seeking appropriate direction this writ petition is filed.

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Heard learned counsel for the petitioners, learned Government Pleader and perused the documents on record and the pleadings put forth by the petitioner.

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Learned counsel for petitioners reiterated the contentions raised in the writ petition. However, learned Government Pleader on instructions submitted that on 1.11.2016 the petitioners as well as the party respondents were present before the 4^th respondent, on which date an

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W.P.(C). No.1313 of 2017

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objection was filed by the party respondents and the case was adjourned. However, no reply or counter objection is filed by the petitioners to the objection filed by the party respondents. According to the learned Government Pleader, there was no laches or delay on the part of the 3^rd respondent in attaining finality to Ext.P4 petition submitted by the petitioners. If the petitioners is prepared to co-operate with the subject issue, 3^rd respondent will attain a finality to the same at the earliest possible.

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Taking note of the respective submissions made across the Bar, there will be a direction to the 3^rd respondent to take on board Ext.P4 petition and after providing sufficient opportunity of hearing to the petitioners as well as respondents 7 to 11, attain finality to Ext.P4 within three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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smv 02.02.2017

Suresh Mathew v. State of Kerala

Case brief

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Suresh Mathew v. State of Kerala

Case brief

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