The High Court of Kerala dismissed this writ petition seeking writs of mandamus and certiorari regarding property rights and building tax application without interference as civil disputes regarding the identical property were pending in lower courts, rendering writ jurisdiction inappropriate.
The writ petition failing, it is accordingly dismissed.
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
MONDAY, THE 10TH DAY OF AUGUST 2020 / 19TH SRAVANA, 1942 WP(C).No.31005 OF 2015(A)
PETITIONER:
A.V.MAMMAD, AGED 51 YEARS, S/O.KAMMUTTY HAJI, APPATT VADAKKEKARA, PULLIPARAMBA POST, CHELAMBRA,MALAPPURAM DISTRICT.
BY ADVS. MEENA.A. SRI.VINOD RAVINDRANATH SRI.VINAY MATHEW JOSEPH ASHWIN SATHYANATH MINI M.R
RESPONDENTS:
1 CHELEMBRA GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, P.O.CHELEMBRA, MALAPPURAM DISTRICT, PIN-673 634.
2 ABDUL AZEEZ, S/O.MOHAMMED, NADAKASSERI PUTHUVAKKAL, CHELEMBRA, PULLIPARAMBA POST, PIN-673 634, MALAPPURAM DISTRICT. ADDITIONAL RESPONDENTS * 3 THE ASSISTANT ENGINEER, ELECTRICAL SECTION, KERALA STATE ELECTRICITY BOARD LTD., KADALUNDI, KOZHIKODE DISTRICT, PIN-673 328.
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**** IMPLEADED AS PER ORDER DATED 14.01.2016 IN I.A.NO.218/2016.**
| R1 BY | ADV. SRI.P.A.HARISH | |
|---|---|---|
| R1 BY | ADV. SRI.V.V.SURENDRAN | |
| R2 BY | ADV. SRI.R.BINDU SASTHAMANGALAM | |
| R2 BY | ADV. SRI.PRASANTH M.P. | |
| **ADDL. ** | R4 BY | ADV. SRI.SAJEEVKUMAR K.GOPAL, |
| KERALA STATE ELECTRICITY BOARD | ||
| **ADDL. ** | R4 BY | ADV. SRI.JAICE JACOB |
| KERALA STATE ELECTRICITY BOARD |
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who claims fractional right over 3¾ cents
(1.51 Ares) of property comprised in Re.survey No.98/16 (Block No.1-133/12) of Tirurangadi Taluk, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent Chelambra Grama Panchayat to consider his application for accepting building tax and to assign number to the building constructed on the strength of Ext.P4 building permit dated 04.02.2010. The petitioner has also sought for a writ of certiorari to quash Ext.P11 order dated 16.12.2015 issued by the 4th respondent Assistant Executive Engineer, Electrical Sub Division, Feroke.
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This Court has also directed the Additional District Court, Tirur to dispose of A.S.No.37 of 2014, on or before 31.03.2016.
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claims right over the property in question on the strength of a partition deed No.5513/2004. A true copy of that document is also not placed on record.
In the result, this writ petition fails and the same is accordingly dismissed.
Sd/- ANIL K. NARENDRAN JUDGE
bpr
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY 6/10/2009 RESPONDENT |
OF THE ISSUED PANCHA |
LETTER DATED BY THE 1ST YATH. |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY ISSUED BY |
OF LETT THE 1ST |
ER DATED 28.11.2009 RESPONDENT. |
| EXHIBIT P3 | TRUE COPY 7/1/2010 I |
OF THE N WP(C) |
JUDGMENT DATED NO.35854 OF 2009. |
| EXHIBIT P4 | TRUE COPY DATED 04.0 RESPONDENT |
OF THE 2.2010 . |
BUILDING PERMIT ISSUED BY THE 1ST |
| EXHIBIT P5 | TRUE COPY 20/10/2014 BEFORE THE JUDGE, TIR |
OF THE IN A.S ADDITI UR. |
ORDER DATED .NO.37 OF 2014 ONAL DISTRICT |
| EXHIBIT P6 | TRUE COPY 14/5/2015 RESPONDENT |
OF THE ISSUED . |
RECEIPT DATED BY THE 1ST |
| EXHIBIT P7 | TRUE COPY 18/8/2015 3RD RESPON |
OF THE ISSUED DENT. |
NOTICE DATED BY THE ADDITIONAL |
| EXHIBIT P8 | TRUE COPY 26/9/2015 3RD RESPON |
OF THE ISSUED DENT. |
NOTICE DATED BY THE ADDITIONAL |
| EXHIBIT P9 | TRUE COPY HONOURABLE OF 2015 DA |
OF JUDG COURT TED 7/1 |
MENT PASSED BY THIS IN W.P.(C) NO.30419 0/2015. |
| EXHIBIT P10 | TRUE COPY A.S.NO.37 ADDITIONAL |
OF I.A. OF 2014 DISTRI |
NO.2624 OF 2015 IN ON THE FILE OF THE CT JUDGE, TIRUR. |
| EXHIBIT P11 | TRUE COPY NO.GB45/ES 16/12/2015 4TH RESPON |
OF ORDE DF/CASE ISSUED DENT. |
R /2015-16/461 DATED BY THE ADDITIONAL |
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EXHIBIT P12 TRUE COPY OF THE LETTER NO.B16955/18 DATED 26.07.2018, ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
RESPONDENTS' EXHIBITS:
EXHIBIT R2(A) TRUE COPY OF THE JUDGMENT PASSED BY THE SUB COURT, TIRUR IN O.S.NO.16/2010 DATED 21.12.2013. EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 20.09.2014. EXHIBIT R2(C) TRUE COPY OF THE COMPLAINT FILED AS I.A.NO.352/2015 IN O.S.NO.191/2009 BEFORE THE MUNSIFF'S COURT, PARAPPANANGADI DATED 13.11.2014. EXHIBIT R2(D) TRUE COPY OF THE JUDGMENT DATED 03.02.2010 IN W.A.NO.187/2010 PASSED BY THIS HON'BLE COURT.
2 issues framed by the court
Whether the High Court can interfere under Article 226 of the Constitution of India when civil disputes regarding the same property are pending between the parties in lower courts.
Whether this writ petition should be dismissed in view of the existence of pending civil litigation regarding the same property.
A.V. MAMMAD
CHELEMBRA GRAMA PANCHAYATH
ABDUL AZEEZ
ANIL K. NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
