Review petitioner sought restoration of a disposed writ petition due to a pending civil suit regarding property demarcation where a status quo order existed. The Court allowed the review and restored the writ petition to the file.
Review petition allowed and writ petition restored to file.
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 A.MUHAMED MUSTAQUE
MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941
RP.No.161 OF 2020 IN WP(C). 28551/2019
AGAINST THE JUDGMENT IN WP(C) 28551/2019(T) OF HIGH COURT OF KERALA DT.26.10.2019
REVIEW PETITIONER:
PARAMESHWARAN NAIR
AGED 57 YEARS,S/O LATE GOPALAN NAIR, KOODAKKAVIL HOUSE,PERUNAD PO, PERUNAD VILLAGE,RANNI TALUK PATHANAMTHITTA DISTRICT. PIN – 689 711. BY ADVS. SRI.V.SETHUNATH SRI.V.R.MANORANJAN (MUVATTUPUZHA)
RESPONDENT/S:
1 ULLAS.B, S/O BHASKARAN AGED 43 YEARS, MULLAKKAL HOUSE, MADAMON, VADAKKEKKARAMURI, ADICHIPUZHA PO RANNI-PERUNAD, PATHANAMTHITTA DISTRICT – 689 711.
SR.GOVERNMENT PLEADER SRI S.GOPINATHAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.P.No.161/2020
-:2:-
ORDER
(Dated this the 10 th day of February, 2020)
The issue in this review petition is with regard to the
demarcation and measurement of the property. There is a civil dispute pending at the instance of the review petitioner, a third party. It is submitted that status quo order has been ordered by the civil court. This Court disposed of the writ petition without adverting to the aforesaid fact. The review petitioner had produced status quo order before this Court.
Having considered the facts and circumstances, it is appropriate to allow the review petition and restore the writ petition.
Accordingly, the review petition is allowed and the writ petition is restored to file.
Sd/-
A. MUHAMED MUSTAQUE JUDGE
dsn
-:3:-
R.P.No.161/2020
APPENDIX
PETITIONER'S ANNEXURES:
| ANNEXURE 1: | TRUE COPY OF PLAINT IN OS NO.45/2018 ON THE FILE OF MUNSIFF'S COURT, RANNI. |
|---|---|
| ANNEXURE-2: | TRUE COPY OF OBJECTION FILED BY THE DEFENDANT/5TH RESPONDENT. |
| ANNEXURE-3: | TRUECOPY OF COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER |
| ANNEXURE 4: | TRUE COPY OF PROOF AFFIDAVIT FILED BY THE PETITIONER. |
| ANNEXURE 5: | TRUE COPY OF PROCEEDINGS IN OS No.45/2018 ON THE FILE OF MUNSIFF'S COURT, RANNI. |
| ANNEXURE 6: | TRUE COPY OF NOTICE OF THE TALUK SURVEYOR DT.16.12.2019 AND SERVED ON THE PETITIONER ON 23.12.2019. |
| ANNEXURE 7: | TRUE COPY OF REPRESENTATION GIVEN BY THE PETITIONER TO THE 2ND RESPONDENT. |
| ANNEXURE 8: | TRUE COPY OF INTERIM ORDER IN WPC 35948/2019. |
1 issue framed by the court
Whether the review petition can be allowed to restore the writ petition in light of a pending civil suit involving the same property.
Parameshwaran Nair
Ullas.B
District Collector, Collectorate, Pathanamthitta District
Thahasildar, Taluk Office, Ranni Taluk
The Village Officer, Perunad Village
The Taluk Surveyor, Office of the Tahsildar, Ranni Taluk
A. MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
