Petitioner challenged a registered sale deed. Court explained that per Satya Pal Anand, the correct remedy is to challenge validity in civil court. Petitioner was allowed to withdraw the writ petition with liberty to pursue civil remedies.
Liberty granted to petitioner to withdraw the Writ Petition to pursue remedies in appropriate civil court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 03RD DAY OF JANUARY 2019 / 13TH POUSHA, 1940
WP(C).No. 2 of 2019
PETITIONER/S:
ADINARAYANA SWAMY AGED 35 YEARS S/O. MARIAPPAN, MIDDLE STREET, ELLAPPETTY, MARKEYANKOTTAI P.O, CHINNAMANNUR (VIA), UTHAMAPALAYAM TALUK, THENI (DT)
BY ADV. SRI.S.SACHITHANANDA PAI
RESPONDENT/S:
1 THE SUB REGISTRAR PARASSALA SUB REGISTRAR OFFICE, PARASALA P.O, THIRUVANANTHAPURAM (DT) 695 502
2 DWARAKANATH, AGED 52 YEARS, S/O. RAMACHANDRA RAO, SRIRAGAVENDIRAPURAM, SREERANGOM P.O, TRICHY-620 006
OTHER PRESENT:
SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
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W.P.(C).No. 2 of 2019
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Dated this the 3rd day of January, 2019 J U D G M E N T
The prayers in the above Writ Petition (Civil) are as follows:
the petitioner would submit that the petitioner has now been advised that, in the light of the dictum laid down by the Apex Court in para 40 of the judgment in Satya Pal Anand v. State of M.P. reported in (2016) 10 SCC 767, the remedy of the petitioner is to challenge the legality and validity of the impugned sale deed before the appropriate civil court and that leave may be granted to the petitioner to withdraw
this Writ Petition with liberty to the petitioner to work out his remedies in accordance with law. Liberty is granted to the petitioner to work out his remedies in accordance with law.
With the abovesaid liberty, the aforecaptioned Writ Petition (Civil) will stand disposed of.
Sd/sdk+ ALEXANDER THOMAS, JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
COPY OF SALE DEED NO. 3628/1994 OF SRO, PARASALA WITH ITS MALAYALAM TRANSLATION.
2 issues framed by the court
Whether the petitioner's remedy is to challenge the impugned sale deed in civil court or in this writ petition?
Whether leave should be granted to withdraw the writ petition to pursue civil remedies?
Colour shows how this judgement treated each authority
Satya Pal Anand v. State of M.P.Explained¶25
(2016) 10 SCC 767 · Who else cites this
ADINARAYANA SWAMY
THE SUB REGISTRAR PARASSALA
DWARAKANATH
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
