The petitioner filed a writ petition challenging revenue-related orders regarding a property dispute. The court found the petition to be infructuous due to subsequent developments and dismissed it on merits.
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 ALEXANDER THOMAS
FRIDAY, THE 2ND DAY OF NOVEMBER 2018/11TH KARTHIKA, 1940
WP(C).No.23522 of 2017
PETITIONER:
YOUNIS AGED 73, S/O.MEERA SAHIB, THENGUVILAKATHU VEEDU, MANICKAL, VENJARAMOODU P.O., THIRUVANANTHAPURAM-695607.
BY ADVOCATE SRI.D.AJITH KUMAR
RESPONDENTS:
1 THE DISTRICT COLLECTOR, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-695043. 2 REVENUE DIVISIONAL OFFICER, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM, PIN-695043.
3 TAHSILDAR, NEDUMANGADU TALUK, THIRUVANANTHAPURAM-695541.
BY ADVOCATE SRI.M.ZIYAD SMT.A.C.VIDHYA, GOVERNMENT PLEADER FOR R1 TO R4, R6
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J. ------------------------W.P.(C)No.23522 of 2017
Dated this the 2nd day of November, 2018
J U D G M E N T
The prayers in the aforecaptioned Writ Petition (Civil), filed on 14.07.2017 are as
follows.
“
2. Now it is submitted by Sri.D.Ajith Kumar,
learned counsel appearing for the petitioner on
the basis of instructions on his party, that the above petition could be closed as infructuous in
view of the subsequent developments.
W.P.(C).No.23522/2017
..3..
In the light of the above said submissions made on behalf of the petitioner, the above Writ Petition (Civil) will stand dismissed as
infructuous.
Sd/-
ALEXANDER THOMAS, JUDGE
MMG
W.P.(C).No.23522/2017
..4..
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF SALE DEED DATED 19.2.1976 EXECUTED IN FAVOUR OF PETITIONER. EXHIBIT P2 TRUE COPY OF SALE DEED DATED 18.8.1994 EXECUTED BY THE 5TH RESPONDENT IN FAVOUR OF ONE SIRAJUDEEN. EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 10.9.2007 IN O.S.NO.729 OF 2005 ON THE FILE OF PRINCIPAL MUNSIFF COURT, NEDUMANGADU. EXHIBIT P4 TRUE COPY OF JUDGMENT DATED 29.5.2015 IN A.S.NO.146/2007 OF THE SUB COURT, NEDUMANGAD. EXHIBIT P5 TRUE COPY OF ORDER DATED 07.01.2010 OF THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF APPLICATION DATED 15.2.2017 PREFERRED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P7 TRUE COPY OF ORDER OF THE 2ND RESPONDENT DATED 13.6.2017. EXHIBIT P8 TRUE COPY OF APPLICATION PREFERRED BY PETITIONER BEFORE THE 1ST RESPONDENT DATED 27.6.2017. EXHIBIT P9 TRUE COPY OF JUDGMENT IN W.P.(C) NO.39312 OF 2016 DATED 15.12.2016. EXHIBIT P10 TRUE COPY OF THE ORDER DATED 21.2.2017 ISSUED BY 1ST RESPONDENT. EXHIBIT P11 TRUE COPY OF NOTICE VIDE NO.28768/16 FROM THE 6TH RESPONDENT.
W.P.(C).No.23522/2017
..5..
RESPONDENT'S EXHIBITS:
EXHIBIT R5(A) TRUE COPY OF THE TAX RECEIPT DATED 16.11.2016.
EXHIBIT R5(B) TRUE COPY OF BASIC TAX REGISTER PERTAINING TO THE PROPERTY OF THE 5TH RESPONDENT. EXHIBIT R5(C) TRUE COPY OF THE COMMUNICATION DATED 05.12.2007 SENT FROM 1ST RESPONDENT TO 3RD RESPONDENT. EXHIBIT R5(D) TRUE COPY OF THE PETITION DATED 20.05.2008 SUBMITED BEFORE THE DISTRICT SURVEY SUPERINTENDENT BY THE 5TH RESPONDENT. EXHIBIT R5(E) TRUE COPY OF THE CHALAN FOR REMITTING SURVEY CHARGE FOR RE-SRUVEY OF SURVEY NO. 344/27 ON 21.12.2016. EXHIBIT R5(F) TRUE COPY OF NOTICE DATED 11.01.2017 SENT BY THE TALUK OFFICE, NEDUMANGAD 5TH RESPONDENT. EXHIBIT R5(G) TRUE COPY OF THE COMPLAINT TO THE SUB INSPECTOR OF POLICE MADE BY THE 5TH RESPONDENT.
EXHIBIT R5(H) TRUE COPY OF THE JUDGMENT DATED 08.06.2017 PASSED BY THIS HON'BLE COURT IN WPC NO. 18968 OF 2017.
YOUNIS
THE DISTRICT COLLECTOR
REVENUE DIVISIONAL OFFICER
TAHSILDAR
VILLAGE OFFICER PULLAMPARA
MAJIDA BEEVI
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
