N.Sukumaran v. Excise Commissioner and Others
Case brief
What is this about?
A single judge observed that the petitioners' prayers to set aside a property auction were infructuous as the sale was pending challenge before a Division Bench subject to an Apex Court proceeding. The judge held the writ petition closed but left all contentions open.
What did the court decide?
All contentions raised by the petitioner are left open; the writ petition is closed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA, 1944 WP(C) NO. 1586 OF 2010
PETITIONERS:
1 N.SUKUMARAN
S/O.NARAYANAN, RAVOOR HOUSE, VELLANGOOR THIRUVALLA, PATHANAMTHITTA.
2 ADDL.P2. VALSAMMA SUKUMARAN AGED 69 YEARS, W/O.LATE SUKUMARAN, RAVOOR VEEDU, VARAYANNOOR P.O., VELLANGOOR, PATHANAMTHITTA DISTRICT, PIN 689 548
3 ADDL.P3. SMITHA SUKUMARAN AGED 43 YEARS, D/O.LATE SUKUMARAN, SOUHRIDA RESIDENCE ASSOCIATION, VETTIKONAM, VAZHAYILA, PEROORKADA, THIRUVANANTHAPURAM DISTRICT, PIN 695 013.
4 ADDL.P4. ABHILASH SUKUMARAN AGED 40 YEARS, S/O.LATE SUKUMARAN, RAVOOR VEEDU, VARAYANNOOR P.O., VELLANGOOR, PATHANAMTHITTA DISTRICT, PIN 689 548 [ARE IMPLEADED AS PER ORDER DATED 20.09.2022 IN I.A.01/2021 IN WP(C)1586/2010.]
Issues for consideration
2 issues framed by the court
Whether the petitioners' prayers are now infructuous as the property sale has already been challenged and disposed by a Division Bench.
Whether the writ petition should be closed or if the contentions raised by the petitioner should be left open for future consideration.
Parties & counsel
- petitioner
N.SUKUMARAN
- petitioner
ADDL.P2. VALSAMMA SUKUMARAN
- petitioner
ADDL.P3. SMITHA SUKUMARAN
- petitioner
ADDL.P4. ABHILASH SUKUMARAN
- respondent
EXCISE COMMISSIONER AND OTHERS EXCISE DEPARTMENT
- respondent
Case details
As recorded by the court registry
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