Allowed

Sandhyavu a v. Sreenivasan

Kerala HC16 Sept 2020RP/622/2020

Case brief

AI extract

What is this about?

A review petition to recall and review a judgment in W.P.(C).No.14490/2018 was admitted. The court allows review due to contentions of fraudulent transaction and prejudice, restoring the original writ petition for fresh consideration and canceling actions taken by officials.

What did the court decide?

The impugned judgment in W.P.(C).No.14490/2018 dated 20.12.2018 recalled. W.P.(C).No.14490/2018 restored for fresh consideration. Actions by official respondents canceled. Writ petitioners to implead

Sandhyavu a Vs Sreenivasan — Property and Title | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2020 / 25TH BHADRA, 1942

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RP.No.622 OF 2020 IN WP(C). 14490/2018

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AGAINST THE JUDGMENT IN WP(C) 14490/2018 DATED 20.12.2018 OF HIGH COURT OF KERALA

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REVIEW PETITIONERS/NON-PARTIES:

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1 SANDHYAVU A, S/O LATE ANTHONIMUTHU, EDAYAR STREET, MANKAVE, PALAKKAD-01

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2 THOMAS, S/O LATE ANTHONIMUTHU, EDAYAR STREET, MANKAVE, PALAKKAD-01

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IBRAHIM A, 3 S/O LATE ABDUL KAREEM, 'ASHIANA', METTUPALAYAM STREET, PALAKKAD-01

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4 SUBAIR P.M., S/O LATE MOIDU, PULINTHARACKAL HOUSE, MANALI, KALLEPULLY POST, PALAKKAD DISTRICT.

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BY ADVS. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.JOPHY POTHEN KANDANKARY

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RESPONDENTS/PETITIONERS & RESPONDENTS:

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1 SREENIVASAN S/O SIVANANDAN, SREENI NIVAS, PARUTHIKAVU, THATHAMANGALAM VILLAGE & POST, CHITTUR TALUK, PALAKKAD-678102

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2 AMBILI, D/O CHANDRAN, KANDANKULANGARA HOUSE, NELLIPADAM, VALLANGI VILLAGE, NENMARA POST, PALAKKAD – 678508.

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3 SHARMA, S/O MAHALINGABATT, 'VIJAYALAKSHMI', KARALATHERUVU, PALAKKAD-01

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R.P.No.622 OF 2020

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4 SIVAHARI, S/O KRISHNANKUTTY, KRISHNAKRIPA, PUTHUNAGRAM, NENMARA VILLAGE &

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POST, CHITTUR TALUK, PALAKKAD – 678508

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5 HAJIRA, W/O IBRAHIM, 16/173, NEHRU COLONY, KUNNATHURMEDU POST, PALAKKAD TALUK, PALAKKAD DISTRICT – 678013

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THE TAHSILDAR, PALAKKAD, 6 TALUK OFFICE, PALAKKAD- 678001.

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7 THE VILLAGE OFFICER, MARUTHARODE VILLAGE, MARUTHARODE POST, PALAKKAD DISTRICT, PIN – 678 007

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8 THE DISTRICT COLLECTOR, PALAKKAD, PIN-678001

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9 K.P.JANARDHANAN, S/O GOPALKRISHNA PANICKER, KAREKKAD, PUTHENVEETIL, KAVASSERY, ALATHUR, PALAKKAD, PIN – 678 706

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SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.JACOB SEBASTIAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 16.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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R.P.No.622 OF 2020

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ALEXANDER THOMAS, J. ======================= R.P.No. 622 of 2020

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=======================

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Dated this the 16^th day of September, 2020

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O R D E R

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This is a petition R.P.No.622 of 2020 in W.P. (C).No.14490/2018.

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Heard, Sri.Sajan Vargheese, the learned counsel for the review petitioners/ 3^rd parties, Sri. Jacob Sebastian, the learned counsel appearing for R1 to R5 herein/writ petitioners, and Sri.Saigi Jacob Palatty, the learned Senior Government Pleader appearing for official respondents 6 to 8 herein. In the nature of the orders proposed to be passed in this review petition, notice to contesting R9 herein will stand dispensed with, as the said party though served in the writ proceedings had not entered appearance in the writ proceedings.

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The review petitioners are 3^rd parties in the above said writ petition, and they pray for reviewing and recalling the impugned judgment dated 20.12.2018, rendered by this Court in W.P.(C).No.14490/2018 filed by the respondents 1 to 5 herein. The case of the review petitioners is that their predecessors in the

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R.P.No.622 OF 2020

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interest had secured absolute rights and interest of the subject property concerned as per Annexure-A Purchase Certificate issued by the Land Tribunal, Palakkad. Further that, Annexure-B judgment, Annexure-C Possession Certificate, Annexure-D Sale Deed and Annexure-E Tax Receipt would show that, the subject property was in possession of the said review petitioners. In that regard, it is also particularly urged by the review petitioners that, Land Tax has also been accepted from them in respect of the said property, as can be seen from Annexure-E etc.

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The case of the review petitioners is that the alleged predecessors in title of the writ petitioners have unlawfully conveyed the subject property to the review petitioners as per Ext.P1 sale deed which is a fraudulent transaction. Further that, the Thandaper account of the subject property is also in the name of the review petitioners. Hence the review petitioner would urge that, they are seriously prejudiced by the directions in the impugned judgment in the W.P.(C).

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The counsel for the writ petitioners would oppose the said submissions of the review petitioners and point out that, no grounds are made out for reviewing of the impugned judgment.

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After hearing both sides, it is seen that the review

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R.P.No.622 OF 2020

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petitioners have raised serious contentions including the contention that the Thandaper account of the subject property is also drawn up in favour of the predecessor in respect of the review petitioners, and that the predecessor in title of the writ petitioners has only recital the very same Thandaper account in Ext.P1 Sale Deed. In the light of these contentions raised by the review petitioners, this Court is of the considered view that the matter will have to be reheard as otherwise, if as a matter of fact the review petitioners contentions are tenable, then serious prejudice may be caused to them, if the impugned judgment is allowed to stand.

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Accordingly, it is ordered that, the impugned judgment

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dated 20.12.2018 rendered by this Court in W.P. (C).No.14490/2018 will stand reviewed and recalled. Consequently, it is ordered that W.P.(C).No.14490/2018 will stand restored by this Court for consideration of decision afresh. The writ petitioners will file application to implead the review petitioners herein as additional respondents in the above W.P.(C). and copy of such impleading application and two copies of the memorandum of the said W.P.(C) with all the Exhibits should be served in advance to Sri.K.Sajan Vargheese, the learned counsel appearing for the review petitioners. Further it is made clear, since the impugned

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R.P.No.622 OF 2020

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judgment has been recalled all actions taken by the official respondents on the basis of the directions in the said W.P.(C) will also stand automatically canceled. However, this will be without prejudice to the contentions of both sides.

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With these observations and directions, the above

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Review Petition (Civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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VPK

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R.P.No.622 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A TRUE COPY OF THE PURCHASE CERTIFICATE NO.4595/1977 ISSUED FROM THE LAND TRIBUNAL-II, PALAKKAD

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ANNEXURE B TRUE COPY OF THE JUDGMENT DATED 10.02.1994 IN AS NO.451/1990 ON THE FILE OF THIS HON'BLE COURT.

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ANNEXURE C TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE LEGAL REPRESENTATIVES OF LATE ANTHONIMUTHU

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ANNEXURE D TRUE COPY OF THE SALE DEED DATED 03.12.2003 EXECUTED IN FAVOUR OF THE 3RD PETITIONER

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ANNEXURE E TRUE COPY OF THE TAX RECEIPT DATED 16.04.2019 ISSUED IN THE NAME OF THE 3RD PETITIONER

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ANNEXURE F TRUE COPY OF THE TRUE COPY OF THE DEED NO.1021/2007 OF SRO, PALAKKAD

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ANNEXURE G TRUE COPY OF THE TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED IN THE NAME OF THE 4TH PETITIONER

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ANNEXURE H TRUE COPY OF THE TAX RECEIPT DATED 02.07.2020 ISSUED IN THE NAME OF THE 4TH PETITIONER

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ANNEXURE I TRUE COPY OF THE DEED NO.77468/2005 ON THE FILE OF SRO, PALAKKAD

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ANNEXURE J TRUE COPY OF THE JUDGMENT DATED 28.11.2008 PASSED IN OS NO.306/2005 ON THE FILE OF ADDITIONAL MUNSIFF'S COURT, PALAKKAD

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ANNEXURE K TRUE COPY OF THE DECREE PASSED IN AS NO.101/2009 ON THE FILE OF THE DISTRICT COURT, PALAKKAD

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R.P.No.622 OF 2020

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ANNEXURE L TRUE COPY OF THE ORDER DATED 16.07.2012 PASSED IN THE CRP(LR) NO.288/2012, ON THE FILE OF THIS HONOURABLE COURT

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ANNEXURE M TRUE COPY OF THE BASIC TAX REGISTER IN THE NAME OF THE LEGAL REPRESENTATIVES OF LATE ANTHONIMUTHU

Sandhyavu a v. Sreenivasan

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Sandhyavu a v. Sreenivasan

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