The High Court at Ernakulam dismissed a writ petition seeking relief regarding land disputes and demolition of a wall, holding that the petition abated as the petitioner died in 2017 without impleading legal heirs.
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 ANIL K.NARENDRAN
TUESDAY, THE 11TH DAY OF AUGUST 2020 / 20TH SRAVANA, 1942
WP(C).No.17581 OF 2014(W)
PETITIONER:
KAMALAKSHI L AGED 66 YEARS W/O.PRABHAKARAN, KOIKKAL VEEDU, POOVATTUR PADINJARU, MAVADI.P.O., KOTTARAKARA.
BY ADV. SMT.I.S.LAILA
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695 001.
KULAKKADA GRAMA PANCHAYAT, MAVADI.P.O. 691 507.
7 SHAJIMON T KALLUVILA PUTHENVEEDU, POOVATTOOR PADINJARE (NEAR KACHERI JUNCTION), KULAKKADA VILLAGE, MAVADI.P.O., KOLLAM DISTRICT. 691 507.
8 OMANAKUTTAN PILLAI INDIRABHAVAN, POOVATTOOR PADINJARE (NEAR KACHERI JUNCTION), KULAKKADA VILLAGE, MAVADI.P.O., KOLLAM DISTRICT. 691 507.
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9 AJIKUMAR, LATHALAYAM, POOVATTOOR PADINJARE (NEAR KACHERI JUNCTION), KULAKKADA VILLAGE, MAVADI.P.O., KOLLAM DISTRICT. 691 507.
R4 BY ADV. SRI.K.V.ANIL KUMAR R6 TO R9 BY ADV. SMT.S.K.DEVI R6 TO R9 BY ADV. SRI.SANTHOSH P.ABRAHAM
R1 TO R3 BY SMT K.AMMINIKUTTY-SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3007-2020, THE COURT ON 11-08-2020 DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is stated to be the absolute owner in possession and enjoyment of 12 cents of land in Resurvey No.173/16 (old Survey No.233/7) of Kulakkada Village, on the strength of Ext.P1 settlement deed No.2901/1977 of the Sub Registrar Office, Kottarakkara, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3rd respondent Taluk Surveyor to take up the development of the road in accordance with Ext.P9 survey sketch. The petitioner has also sought for a writ of mandamus commanding respondents 4 and 5 to abstain from illegal activities in collusion with respondents 6 to 9; a writ of mandamus commanding respondents 4 and 5 to abstain from demolishing the western side wall of the petitioner's property covered by Ext.P1 settlement deed; and a writ of mandamus commanding respondents 4 and 5 to consider and dispose of Exts.P7 and P8 complaints filed by the petitioner.
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admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3 and notice by speed post was ordered to respondents 4 to 9. This Court granted an interim order to keep in abeyance the demolition of compound wall on the western side of the petitioner's property, for a period of one month. The said interim order, which was extended from time to time, was extended for a further period of one month on 08.09.2015. Thereafter, the writ petition was never brought up for extension of the interim order.
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Government Pleader sought time to get instructions from the 2nd respondent.
Since the petitioner died on 16.05.2017 and no application is filed to implead her legal heirs, this writ petition is dismissed as abated.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/12/8
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF SETT SRO KOTTARAKARA. |
LEMENT DEED NO.2901/1977 OF |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 20.02.2009. |
BASIC TAX RECEIPT DATED |
| EXHIBIT P2(A) | TRUE COPY OF THE DATED 3.1.2011. |
HOUSE TAX RECEIPT NO.21362 |
| EXHIBIT P3 | TRUE COPY OF THE | SALE DEED NO.747/1999. |
| EXHIBIT P4 | TRUE COPY OF THE 27.6.2014. |
TAX RECEIPT DATED |
| EXHIBIT P5 | SKETCH SHOWING TH | E PURCHASED ONE METER. |
| EXHIBIT P6 | TRUE COPY OF THE 19.6.2014 ISSUED |
COMMUNICATION DATED BY THE 3RD RESPONDENT. |
| EXHIBIT P7 | TRUE COPY OF THE RESPONDENT NO.3. |
COMPLAINT FILED BEFORE |
| EXHIBIT P8 | TRUE COPY OF THE RESPONDENT NO.4. |
COMPLAINT FILED BEFORE |
| EXHIBIT P9 | TRUE COPY OF THE | SKETCH. |
RESPONDENTS EXHIBITS :
| EXHIBIT R8(a) | TRUE COPY OF THE SURVEY SKETCH |
|---|---|
| EXHIBIT R8(b) | TRUE COPY OF THE BASIC TAX REGISTER |
| EXHIBIT R8(c) | TRUE COPY OF THE COMPLAINT DATED 27/1/2014 SUBMITTED BY THE 8TH RESPONDENT AND OTHERS BEFORE THE 4TH RESPONDENT |
| EXHIBIT R8(d) | TRUE COPY OF THE DECISION OF THE PANCHAYAT COMMITTEE AND REQUEST SENT TO THE 3RD RESPONDENT |
| EXHIBIT R8(e) | TRUE COPY OF THE COMMUNICATION DATED 11/7/2014 OF THE TAHSILDAR, KOTTARAKKARA |
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EXHIBIT R8(f) TRUE PHOTOGRAPH OF THE ROAD IN QUESTION
1 issue framed by the court
Whether the writ petition is maintainable when the petitioner died during the pendency of the proceedings without impleading her legal heirs.
KAMALAKSHI L
THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT
THE DIRECTOR OF SURVEY OFFICE
THE TALUK SURVEYOR
THE KALUKKADA GRAMA PANCHAYAT
THE PRESIDENT KULAKKADA GRAMA PANCHAYAT
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
