Dismissed

Susamma Joseph @ Omana v. Kottayam Muncipality

Kerala HC17 Feb 2023WP(C)/1138/2023

Case brief

AI extract

What is this about?

This court closed a writ petition filed seeking an injunction against the respondents from trespassing onto the petitioners' property or concreting/tarring a private pathway without consent. The court accepted the respondents' submission that no encroachment would occur without voluntary surrender or acquisition.

What did the court decide?

None; prayers for injunction dismissed as no encroachment would occur without voluntary surrender.

Susamma Joseph @ Omana Vs Kottayam Muncipality — Property and Title | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944

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WP(C) NO. 1138 OF 2023

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PETITIONERS:

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1 SUSAMMA JOSEPH @ OMANA

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AGED 57 YEARS

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W/O JOSEPH, PUTHENKULANGARA,PERUMBAIKADU VILLAGE, MALLOOSSERY, KOTTAYAM.DIST, PIN - 686041

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2 JOY JOSEPH AGED 75 YEARS

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S/O OUSEPH PUTHENKULANGARA PERUMBAIKADU VILLAGE, MALLOOSSERY, KOTTAYAM DIST PIN, PIN - 686041

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BY ADV ASWIN P KUMAR

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RESPONDENTS:

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1 KOTTAYAM MUNCIPALITY

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KOTTAYAM P.O, KOTTAYAM REPRESENTED BY ITS SECRETARY, PIN - 686001

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2 THE SECRETARY KOTTAYAM MUNICIPALITY, KOTTAYAM DIST, PIN - 686001

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BY ADV AJIT JOY

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ADV PARVATHY K -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1138 OF 2023

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¶22

JUDGMENT

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Dated this the 17^th day of February, 2023

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This writ petition is filed seeking directions to the respondents not to tress pass into the property of the petitioners without the consent of the petitioners or to concrete or tar the private pathway passing through the petitioners' property.

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It is submitted by the learned counsel appearing for the respondents on instructions that the petitioners had not voluntarily surrendered any property and that unless such voluntary surrender or acquisition is done, there will be no encroachment into the property of the petitioners for the widening of the pathway as apprehended by the petitioners.

¶26

The said submission is recorded. This writ petition is accordingly closed.

Sd/-

ANU SIVARAMAN

JUDGE

ska

WP(C) NO. 1138 OF 2023

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¶33

APPENDIX OF WP(C) 1138/2023

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE COPY AGREEMENT DATED 06.07.2007 EXECUTED BETWEEN THE FAMILIES RESIDING THERE FOR THE EXCLUSIVE USE OF THE SAID PRIVATE PATHWAY Exhibit P2 THE PHOTOGRAPHS OF THE SAID PRIVATE PATHWAY LEADING TO 4 HOUSES INCLUDING THE HOUSE OF THE PETITIONERS

Susamma Joseph @ Omana v. Kottayam Muncipality

Case brief

What is this about?

What did the court decide?

Susamma Joseph @ Omana v. Kottayam Muncipality

Case brief

What is this about?

What did the court decide?

What the court decided

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