Single judge disposed of WP(C) 9192 of 2021 after civil injunction noted. Court set aside Sub-Collector's order and directed police to refrain from interference until civil court orders.
Ext.P9 order set aside; Parties at liberty to approach civil court; Police bound by civil court orders.
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.
WP(C) NO. 9192 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 2ND DAY OF SEPTEMBER 2021 / 11TH BHADRA, 1943
WP(C) NO. 9192 OF 2021
PETITIONER/S:
1 RAJAMMA.G. AGED 70 YEARS W/O. LATE MANIYAN, RESIDING AT THATHANATTU HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT,PIN-688 525
2 MANOJ .M. AGED 35 YEARS S/O. LATE MANIYAN, RESIDING AT THATHANATTU HOUSE, MUHAMMA P.O., ALAPPUZHA DISTRICT,PIN-688 525
BY ADVS. C.G.BINDU SMT.AJITHA C.G. KUM.K.J.SARANYA RAJ
RESPONDENT/S:
1 SUB COLLECTOR/ SUB DIVISIONAL MAGISTRATE ALAPPUZHA, OFFICE OF THE REVENUE DIVISIONAL OFFICE, ALAPPUZHA ,PIN-688 001
BY ADV SMT.MINI.V.A., SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9192 OF 2021
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No.9192 of 2021
Dated this the 2nd day of September, 2021
JUDGMENT
The above writ petition is filed with following prayers :
“i) A writ of certiorari to call for all the records leading to Exhibit P9 and quash Exhibit P9 order issued by the 1st respondent. ii) A writ of mandamus or any other appropriate writ, order or direction, directing the 3rd respondent to desist from threatening the petitioners under the strength of Exhibit P9 order of the 1st respondent.
iii) A writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to issue copy of the complaint and documents filed by respondents 4 and 5 to the petitioners. iv) To grant such other reliefs as this Hon'ble Court may deem just and proper according to the facts and circumstances of the case. v) To award exemplary costs of the proceedings to the petitioners.”
WP(C) NO. 9192 OF 2021
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Therefore, this writ petition is disposed in the following
manner :
Sd/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 9192 OF 2021
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APPENDIX OF WP(C) 9192/2021
| PETITIONER EXHIBI EXHIBIT P1 |
TS TRUE COPY OF THE DEATH CERTIFICATE DATED 18.9.2018 ISSUED BY SUB REGISTRAR OF BIRTHS AND DEATHS AMBALAPUZHA NORTH GRAMA PANCHAYAT |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DISABILITY CERTIFICATE ISSUED BY THE MEDICAL BOARD, ALAPPUZHA ON 29.5.2020 |
| EXHIBIT P3 | TRUE PHOTOCOPY OF THE CERTIFICATE OF APPOINTMENT OF LEGAL GUARDIAN DATED 16.12.2019 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA AS PER THE DECISION OF THE LOCAL LEVEL COMMITTEE, KERALA- ALAPPUZHA CONSTITUTED BY THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, GOVERNMENT OF INDIA |
| EXHIBIT P4 | TRUE PHOTOCOPY OF THE RELATIONSHIP CERTIFICATE NIL DATED ISSUED BY THE VILLAGE OFFICER, KANJIKUZHY BEARING NO 905/2020 |
| EXHIBIT P5 | TRUE PHOTOCOPY OF THE TAX PAID RECEIPT DATED 23.6.2020 FOR THE YEAR 2020-2021 ISSUED BY THE VILLAGE OFFICER, KANJIKUZHY |
| EXHIBIT P6 | TRUE PHOTOCOPY OF THE SALE DEED DATED 14.12.2015 EXECUTED BY MANIYAN IN FAVOUR OF THE 4TH RESPONDENT AND REGISTERED AS 1955/2015 OF PUTHENAMBALAM SUB REGISTRY |
| EXHIBIT P7 | TRUE PHOTOCOPY OF THE COMPLAINT DATED 8.1.2021 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE TALUK LEGAL SERVICES COMMITTEE, CHERTHALA TALUK AGAINST THE 1ST PETITIONER |
| EXHIBIT P7A | TRUE PHOTOCOPY OF NOTICE OF HE EXHIBIT -P7 COMPLAINT PLP 626/21 NIL DATED WAS SERVED UPON THE 1ST PETITIONER TO APPEAR BEFORE THE ADALAT HALL AT SUB COURT, CHERTHALA ON 4.3.2021 |
| EXHIBIT P8 | TRUE PHOTOCOPY OF THE NOTICE DATED 15.2.2021 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER |
| EXHIBIT P9 | TRUE PHOTOCOPY OF THE ORDER DATED 9.3.2021 ISSUED BY THE 1ST RESPONDENT |
Rajamma.G.
Manoj.M.
Sub Collector/Sub Divisional Magistrate Alappuzha
Village Officer, Kanjikuzhy Village
Station House Officer, Mararikulam Police Station
Santhamma
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
