Petitioners filed a writ under Article 226 challenging alleged assignment of property to their sister-in-law via fraud. The Court held that efficacious remedies exist under Cr.P.C. via the complaint or jurisdictional Magistrate.
This writ petition will stand disposed of.
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 RAJA VIJAYARAGHAVAN V
TUESDAY, THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
WP(C).No. 4100 of 2019
PETITIONER/S:
1 JAYA ARAVINDAKSHAN NAIR, AGED 62 YEARS, W/O.ARVAINDHAKSHAN NAIR, PUTHANAYEE VEETTIL, PALLIPPRAM KARA, VAZHAKKULAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, NOW RESIDING AT PLOT NO.39 GURUPRASAD BUILDINGS, SAHYADRI COLONY, BELGRAM, KARNATAKA.
2 SANJAY A. NAIR, S/O ARVAINDHAKSHAN NAIR, PUTHANAYEE VEETTIL, PALLIPPRAM KARA, VAZHAKKULAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT NOW RESIDING AT PLOT NO.39, GURUPRASAD BUILDINGS, SAHYADRI COLONY, BELGRAM, KARNATAKA.
BY ADVS. SRI.T.S.SANTHOSH (NETTOORAN) SRI.N.S.AJAY SRI.P.L.DEVADAS
RESPONDENT/S:
1 ARUNDATHIAMMA, AGED 76 YEARS, D/O.PARUKUTTY AMMA, PUTHANAYEE VEETIL, PALLIPPRAM KARA, VAZHAKKULAM VILLAGE, KUNNATHUNAD TALUK, ERNAKULAM DISTRICT, PIN-683107.
2 MEETHIAN PILLA, AGED 78 YEARS, S/O PARIYAM KUNNAN KOYA, PERIYAM KUNNAN HOUSE, PALLIPPURAM KARA, KUTHIRAPARAMBU BAGHAM, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK, MARAMPILLY.P.O, 683107, ERNAKULAM DISTRICT.
WP(C).No. 4100 of 2019
2
PALLIPPURAM KARA, KUTHIRAPARAMBU BAGHAM, MARAMPILLY VILLAGE, KUNNATHUNADU TALUK, MARAMPILLY.P.O,683107, ERNAKULAM DISTRICT.
R6 & R7 SRI AJITH MURALI, PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 4100 of 2019
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JUDGMENT
The 1st petitioner is the mother of the 2nd petitioner. Sri.Aravindakshan Nair, the husband of the 1st petitioner, was the owner of an item of property having an extent of 45 cents, which was obtained by him on the strength of a partition deed executed in the year 1970. Sri.Aravindakshan Nair left for his heavenly abode in the year 2005. Sometime prior to 10.7.2018, on which day, a complaint was lodged before the Sub Inspector of Police, Perumbavoor, the petitioners came to understand that the above property was assigned by late Aravindakshan Nair in the name of his sister, the 1st respondent herein. According to the petitioners, no such assignment deed was executed by her husband and the document was brought into existence by fraud and impersonation. Stating these allegations, a complaint was lodged before the 7th respondent and when no action was taken, they have filed this writ petition with a prayer to direct the respondent Nos. 6 and 7 to initiate appropriate legal action after registering an FIR and file charge sheet before Court.
WP(C).No. 4100 of 2019
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and the learned Government Pleader and I have considered the submissions.
This writ petition will stand disposed of.
SD/-
RAJA VIJAYARAGHAVAN V., JUDGE
//TRUE COPY// P.A. TO JUDGE
DSV/13.3.19
WP(C).No. 4100 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE PHOTOCOPY OF THE PARTITION DEED NO.3108/1970 DATED 10.08.1970 OF SRO PERUMBAVOOR. |
|---|---|
| EXHIBIT P2 | A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF ARAVINDAKSHAN NAIR. |
| EXHIBIT P3 | A TRUE PHOTOCOPY OF THE SALE DEED NO.3493/1980 DATED 30.06.1980 OF SRO PERUMBAVOOR. |
| EXHIBIT P4 | A TRUE PHOTOCOPY OF THE E SUBSEQUENT SALE DEED NO.5574/1997 OF SRO PERUMBAVOOR. |
| EXHIBIT P5 | A TRUE PHOTOCOPY OF THE E SUBSEQUENT SALE DEEDS NO.1231/06 OF SRO PERUMBAVOOR. |
| EXHIBIT P6 | A TRUE PHOTOCOPY OF THE E SUBSEQUENT SALE DEEDS NO.1232/06,1232/06,1233/06 OF SRO PERUMBAVOOR. |
| EXHIBIT P7 | A TRUE PHOTOCOPY OF THE E SUBSEQUENT SALE DEEDS NO.1233/06,1232/06,1233/06 OF SRO PERUMBAVOOR. |
| EXHIBIT P8 | A TRUE COPY OF THE COMPLAINT PRESENTED BEFORE SHO PERUMBAVOOR. |
RESPONDENT'S/S EXHIBITS:
NIL
//TRUE COPY//
P.A.TO JUDGE
1 issue framed by the court
Whether the petitioners could approach this Court via a writ petition under Article 226 considering efficacious remedies exist under Cr.P.C.
1 provisions across 1 enactments
Jaya Aravindakshan Nair
Sanjay A. Nair
Arundathiamma
Meethian Pilla
Aboobacker
Jameela
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
