Ramachandran v. Vailoor Mahadeva Kshethram
Case brief
What is this about?
The Kerala High Court disposed of an Art. 226 writ petition challenging a lower court order directing the petitioner to furnish further valuation evidence for security. The High Court held the direction could not be faulted but modified the order to permit reliance on the existing valuation report and examination of the valuer.
What did the court decide?
Exhibit-P13 order modified to permit petitioner to rely on Exhibit-P12 valuation certificate, examine the valuer, and lead evidence regarding nearby property transactions.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939
OP(C).No. 348 of 2018
OS.204/2017 of ADDL. SUB COURT, IRINJALAKUDA
PETITIONER:
RAMACHANDRAN, AGED 46 YEARS, S/O KURICHIYIL DHANALAKSHMI AMMA, VAILOOR DESOM, NELLAI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADV.SRI.K.S.BHARATHAN
RESPONDENT:
VAILOOR MAHADEVA KSHETHRAM, VAILOOR DESOM,NELLAI VILLAGE, MUKUNDAPURAM TALUK, REPRESENTED BY ITS TRUSTEE JATHADEVAN NAMBOOTHIRI, S/O LATE KAIMUKKU MANAKKAL NARAYANAN NAMBOOTHIRI, VAILOOR DESOM, NELLAI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680121.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the trial court's direction to adduce evidence regarding the centage value of the property imposed an infirmity warranting intervention under Art. 226 of the Constitution?
Whether the petitioner should be permitted to rely on the valuation report and examine the valuer as a witness when leading evidence?
Parties & counsel
- petitioner
RAMACHANDRAN
- respondent
VAILOOR MAHADEVA KSHETHRAM
Coram
ALEXANDER THOMAS
Case details
As recorded by the court registry
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