Dismissed

Philomina Abraham Alias Sisily Abraham v. State

Kerala HC17 Dec 2018WP(C)/17804/2018

Case brief

AI extract

What is this about?

The petitioners withdrew the writ petition without prejudice to another pending petition (WP(C) No. 38435/2018) for the same grievance. The court dismissed the present petition with liberty to raise contentions in the other writ. The case involves a prayer for eviction and protection of property displacement.

What did the court decide?

None. The petition was dismissed as withdrawn.

Philomina Abraham Alias Sisily Abraham Vs State — Landlord and Tenant | Kerala HC (2018)

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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 ALEXANDER THOMAS

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MONDAY ,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940

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WP(C).No. 17804 of 2018

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PETITIONER/S:

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PHILOMINA ABRAHAM ALIAS SISILY ABRAHAM 63YRS, THANGAMPARAMBIL HOUSE,IKKANAGAR, MUNNAR P.O., IDUKKI DISTRICT, KERALA STATE

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BY ADV. SMT. SHERLY M THOMAS

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RESPONDENT/S:

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1 STATE

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REPRESENTED BY THE GOVERNMENT PLEADER,HIGH COURT OF KERALA, ERNAKULAM-682 031.

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2 THE DISTRICT COLLECTOR IDUKKI 685 602

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3 SUB COLLECTOR DEVIKULAM, IDUKKI DISTRICT 685 602.

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BY SR.GOVERNMENT PLEADER SRI.SAIGI JACOB PALATTY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2018 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.17804/2018

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ALEXANDER THOMAS, J.

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W.P.(C)No.17804 OF 2018

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Dated this the 17^th day of December, 2018

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JUDGMENT

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The prayers in the above Writ Petition (Civil) are as follows :

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“1) To call for the records relating to Exhibit P1 to P2 and to issue writ of mandamus or any other writ or direction directing the respondents to proceed as per Exhibit P1 and P2.

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To issue any writ or direction directing the respondent not to make any hindrance to their peaceful stay in their residence.

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To any writ order or direction directing the 2^nd respondent to dispose of Exhibit P2 representation without any delay.

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To issue a prohibitory order against trespassing into a petitioner's property lying at survey no.843/A at K.D.H.Village, Ikkanagar Colony, Munnar.”

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Smt.Sherly M.Thomas would submit that she was engaged to

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appear as counsel for the petitioner on the basis of the instruction of the High

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Court Legal Services Committee under KELSA and that later the petitioner has

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filed W.P.(C)No.38435/2018 for the same grievance through a lawyer of her choice and that the petitioner has instructed that the present writ petition may be

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W.P.(C)No.17804/2018 3 withdrawn without prejudice to the contention of the petitioner in W.P. (C)No.38435/2018.

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The said plea made on behalf of the petitioner is not opposed by the respondents. Accordingly, it is ordered that, with liberty to the petitioner to raise her contentions in W.P.(C)No.38435/2018, the above writ petition will stand dismissed as withdrawn.

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Sd/ALEXANDER THOMAS JUDGE

sv.

W.P.(C)No.17804/2018

APPENDIX OF WP(C) 17804/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 POSSESSION CERTIFICATE 08.5.1990 EXHIBIT P2 REPRESENTATION ADDRESSED TO RESPONDENT NO.2 DTD 27/2/2018

Philomina Abraham Alias Sisily Abraham v. State

Case brief

What is this about?

What did the court decide?

Philomina Abraham Alias Sisily Abraham v. State

Case brief

What is this about?

What did the court decide?

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