This is a single-paragraph order where the High Court of Kerala allowed a writ petition filed by Ibrahimkutty against state respondents and a property dispute participant, making an interim order absolute without notifying the absent fifth respondent.
Writ petition allowed; interim order made absolute. No costs awarded.
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
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 20TH DAY OF JUNE 2018 / 30TH JYAISHTA, 1940
WP(C).No. 15016 of 2018
PETITIONER:
IBRAHIMKUTTY, AGED 45, S/O.MUHAMMED, KIZHAKKEPURATHU, PALLIKUTHE DESOM, PERUTHALMANNA, MALAPPURAM DISTRICT-679325.
BY ADV.SRI.PRAVEEN K. JOY
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15016 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT |
P1 THE TRUE COPY OF THE DEED NO.5085/2014 OF SRO, MELATTOOR. |
|---|---|
| EXHIBIT |
P2 THE TRUE COPY OF THE DEED NO.2433/17 OF SRO, MELATTOOR. |
| EXHIBIT |
P3 THE TRUE TYPED COPY OF THE DEED NO.46/17 OF 11-01-2017 OF SRO, MELATTOOR. |
| EXHIBIT |
P4 THE TRUE COPY OF THE COMPLAINT BEFORE THE SUB COLLECTOR, PERUTHALMANNA DATED 26-04-2018. |
| EXHIBIT |
P5 THE TRUE COPY OF THE RECEIPT OF REVENUE DIVISIONAL OFFICE, PERUTHALMANNA DATED 26-04-2018. |
| EXHIBIT |
P6 THE TRUE COPY OF THE COMPLAINT BEFORE SUPERINTENDENT OF POLICE, MALAPPURAM DATED 28-04-2018. |
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
jma
K. VINOD CHANDRAN & ASHOK MENON, JJ
W.P (C) No. 15016 of 2018 B
Dated this the 20th day of June, 2018
J U D G M E N T
Vinod Chandran, J
Read order dated 18.05.2018:
“Admit. Urgent notice to the fifth respondent. Learned
Government Pleader takes notice for other
respondents. Learned Government Pleader submits
that the Police is not intending to interfere with the
civil dispute between the petitioner and the fifth
respondent. That submission is recorded.”
Though notice was served on the party respondent, there is no
appearance.
Considering the fact that the Police had already
W.P(C) No. 15016/2018
::2::
submitted that they would not interfere in the matter, we do not
see any reason to keep the writ petition pending. Writ petition is
allowed, making the interim order absolute. No costs.
Sd/K. Vinod Chandran, Judge
Sd/Ashok Menon, Judge
jma
1 issue framed by the court
Whether to allow the writ petition and make the interim order absolute despite the non-appearance of one of the respondents.
Ibrahimkutty
The State of Kerala
Superintendent of Police, Malappuram
Revenue Divisional Officer, Peruthalmanna
Sub Inspector of Police, Melattoor
Karthyani
K. Vinod Chandran
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
