The High Court of Kerala dismissed a Writ Petition (Civil) filed for land assignment and revision of patta as withdrawn by the petitioners, who were permitted to file a comprehensive petition.
Petition dismissed as withdrawn with liberty to file a comprehensive writ petition.
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
MONDAY ,THE 19TH DAY OF NOVEMBER 2018 / 28TH KARTHIKA, 1940
WP(C).No. 26579 of 2016
| PETITIONER/S : |
|
|---|---|
| 1 | P.S.MARIAMMA, AGED 65 YEARS, W/O VARGHESE CHACKO,EDAMALA HOUSE, KUMBALAM PIKA PO, PATHANAMTHITTA-689661. |
| 2 | WILSON P.SCARIA, AGED 45 YEARS, S/O LATE P.M.ZACHARIA ALIAS SCARIA,PANACHAKKALAYIL HOUSE, MUTHUVANKUDI, CHENGULAM PO,CHITHIRAPURAM, DEVIKULAM, PIN-685565. |
| 3 4 |
MATHEW, AGED 61 YEARS, S/O LATE P.M.ZACHAIRA ALIAS SCARIA,PANACHAKKALAYIL HOUSE, TIRUVALLA VILLAGE,THUKALASSERI MURI, TIRUVALLA PO,PIN-689101. JONSON ZACHARIA, AGED 50 YEARS, S/O LATE P.M.ZACHARIA ALIAS SCARIA,PANACHAKKALAYIL HOUSE, KAVUMBHAGOM VILLAGE,MANNAMKARACHIRA, KAVUMBHAGOM PO,PIN-689102. |
| 5 | ALEAMMA MATHEW, AGED 53 YEARS, D/O LATE P.M. ZACHARIA ALIAS SCARIA,PANACHAKKALAYIL HOUSE, THEKKETHILVADAKKEKKOOTTU HOUSE, ERAVIPEROOR VILLAGE, VALLAMKULAM EAST MURI,VALLAMKULAM EAST PO, PIN-689541.THE PETITIONERS 2 TO 5 ARE REPRESENTED BY THE POWER OF ATTORNEY HOLDER 1ST PETITIONER. |
| BY ADVS. | |
| SRI.G.D.PANICKER | |
| SMT.JEENA JOSEPH |
| RESPONDENT/S : |
|
|---|---|
| 1 | STATE OF KERALA |
| REPRESENTED BY SECRETARY,REVENUE DEPARTMENT, | |
| SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. | |
| 2 | DISTRICT COLLECTOR |
| COLLECTORATE, IDUKKI,PINAVU PO, IDUKKI-685603. | |
| 3 | THE DEPUTY DIRECTOR |
| SURVEY AND LAND RECORDS,COLLECTORATE, IDUKKI, | |
| PIN-685001. | |
| 4 | THE TAHASILDAR |
| TALUK OFFICE, DEVIKULAM, PIN-685613. |
OTHER PRESENT:
SRI SAIGI JACOB PALATTY -SR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.11.2018, ALONG WITH WP(C).653/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 26579 of 2016
==================
Dated this the 19th day of November, 2018
J U D G M E N T
The prayers in this Writ Petition (Civil) are as follows:
the petitioners and Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for the respondents.
W.P.(C).26579/16 - : 3 :-
pleadings and contentions. In the light of the abovesaid submission made on the basis of the petitioners, the above Writ Petition (Civil)
will stand dismissed as withdrawn with liberty to the petitioners to work out their remedies, in accordance with law.
sdk+
Sd/- ALEXANDER THOMAS, JUDGE
W.P.(C).26579/16 - : 4 :-
APPENDIX OF WP(C) 26579/2016
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPIES OF THE POWER OF ATTORNEY EXECUTED BY THE PETITIONERS 2 TO 5 TO THE 1ST PETITIONER. EXHIBIT P2 A TRUE PHOTOCOPY OF THEFORM OF ORDER OF ASSIGNMENT ON REGISTRY, DATED 20.10.1984. EXHIBIT P3 A TRUE COPY OF THE PATTA NO.10624 DATED 31.10.1984. EXHIBIT P4 A TRUE PHOTOCOPY OF THE SKETCH AND MAHAZAR DATED 13.9.1984 ALONG WITH A LEGIBLE COPY. EXHIBIT P5 A TRUE PHOTOCOPY OF THE A RESURVEY MAP UNDER FIELD NO. 302 WHICH IS CORRESPONDING TO SURVEY NO.19/1.A. EXHIBIT P6 A TRUE PHOTOCOPY OF THE REPRESENTATION ADDRESSED TO THE2ND RESPONDENT ON 4.9.2014. EXHIBIT P7 A TRUE PHOTOCOPY OF THE JUDGMENT WP(C) NO.8980/2015 DATED 30.3.2015. EXHIBIT P8 A TRUE COPY OF THE ORDER FORM DATED 17.9.2015 OF THE 4TH RESPONDENT. EXHIBIT P9 A TRUE PHOTOCOPY OF THE ORDER DATED 29.1.2016 ISSUED BY THE DISTRICT COLLECTOR, EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.3.2016 IN C.C.(C) NO.1276/2015.
W.P.(C).26579/16 - : 5 :-
P.S.MARIAMMA AND OTHERS
STATE OF KERALA
DISTRICT COLLECTOR
THE DEPUTY DIRECTOR
THE TAHASILDAR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
