Petitioners sought writ interference over 3.97 acres of land under the Kerala Land Reforms Act. The court found the petition infructuous as petitioners obtained patta and retained possession, and dismissed the petition.
Writ petition dismissed as infructuous.
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 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940
WP(C).No. 5436 of 2013
PETITIONERS :
1 JOHN, AGED 53 YEARS, S/O.DECEASED ANNA, RESIDING AT MANOTH HOUSE, KOODARANJI AMSOM DESOM, P.O.KOODRANJI, MUKKOM, KOZHIKODE DISTRICT.
S/O.ULAHANNAN,AGED 79 YEARS, HUSBAND OF ANNA, RESIDING AT MANOTH HOUSE, KOODARANJI AMSOM DESOM, P.O.KOODRANJI, MUKKOM, KOZHIKODE DISTRICT.
4 ROSAMMA JOSEPH, AGED 56 YEARS, D/O.LATE ANNA, RESIDING AT MANOTH HOUSE, KOODARANJI AMSOM DESOM, P.O.KOODRANJI, MUKKOM, KOZHIKODE DISTRICT.
5 PHILOMINA JOSEPH, AGED 53 YEARS, D/O.LATE ANNA, RESIDING AT MANOTH HOUSE, KOODARANJI AMSOM DESOM, P.O.KOODRANJI, MUKKOM, KOZHIKODE DISTRICT.
6 SHAJU JOSEPH, AGED 47 YEARS, S/O.LATE ANNA, RESIDING AT MANOTH HOUSE, KOODARANJI AMSOM DESOM, P.O.KOODRANJI, MUKKOM, KOZHIKODE DISTRICT.
BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE
RESPONDENTS :
1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
WP(C).No. 5436 of 2013
2. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM-695001.
3. THE DISTRICT COLLECTOR, KOZHIKODE-673020.
4. THE DEPUTY COLLECTOR (LAND REFORMS) KOZHIKODE-673020.
5. THE CHAIRMAN, THE TALUK LAND BOARD, KOZHIKODE (THE REVENUE DIVISIONAL OFFICER), CIVIL STATION, KOZHIKODE-673020.
*** ADDL. 6TH RESPONDENT IMPLEADED:**
SIDEEQUE ALI P.K., S/O PILAKKALKANDI UMMER, CHERATH HOUSE, KEEZHPARAMBA AMSOM, KUNIYIL DESOM, ERANAD TALUK, MALAPPURAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SUHAIB V.N., S/O CHEKKU, AGED 25 YEARS, RESIDING AT VAYALIL NECHOLI HOUSE, KUMARANELLOOR AMSOM, ANAYAKKUNNU DESOM, KOZHIKODE TALUK.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
12.7.2018
ALEXANDER THOMAS, J.
W.P.(C)No.5436 of 2013
Dated this the 06th day of July, 2018
JUDGMENT
The prayers in this writ petition (civil) filed on 25.2.2013 are as
follows:-
“(i) to call for the entire records leading upto Exhibit P4 and to quash the same by the issuance of a writ of certiorari or any other writ direction or order.
(ii) to issue a writ of mandamus compelling the respondents to refrain from taking any action to deprive the petitioners of their possessory of rights over the 3.97 acres of land in Re-Survey No. 20/1 in Kumaranalloor Village.
(iii) to declare that the petitioners are entitled to get protection of Section 7E of Kerala Land Reforms Act in consonance with Ext P7 Judgment in respect of 3.97 acres of land in R.S.No.20/1 of Kumaranalloor Village, in the absolute possession of the petitioners.
(iv) to grant such other reliefs deemed fit and proper in the circumstances of the case.
And
(v) to award the cost of this petitioner in these proceedings. ”
petitioners, Smt.A.C.Vidhya, learned Government Pleader appearing
for respondents 1 to 5 and Sri.R.Ramadas, learned counsel appearing for additional respondent No.6.
..2..
W.P.(C)No.5436 of 2013
verified petition of the counsel which reads as follows:-
“1. I am the petitioner in the above case. As I have obtained patta for the property and continuing with the possession of the property, the relief sought for in this writ petition has become infructuous.
2. In these circumstances it is respectfully prayed that this Hon'ble Court may be pleased to close the writ petition as infructuous.”
Accordingly, the above writ petition (civil) will stand dismissed as
infructuous.
Sd/-
ALEXANDER THOMAS, JUDGE
skj
2 issues framed by the court
Whether the writ petition regarding land possession rights has become infructuous due to subsequent developments.
Whether to close the writ petition as infructuous after the petitioner obtained patta and continued possession.
John
Joseph
Mary
Rosamma Joseph
Philo mina Joseph
Shaju Joseph
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
