Kerala High Court
A. Ravindran Nair vs State Of Kerala on 24 October, 1946
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 5TH DAY OF APRIL 2018 / 15TH CHAITHRA, 1940
WP(C).No. 10610 of 2018
PETITIONER(S):
A. RAVINDRAN NAIR
AGED 66, S/O. KRISHNAN KUTTY NAIR,
RESIDING AT KOMATH HOUSE, EKAROOL P.O.,
UNNIKULAM VILLAGE, EKAROOL DESOM,
THAMARASSERY TALUK, KOZHIKODE (DT.),
PIN - 673 574.
BY ADVS.SRI.PHILIP ANTONY CHACKO
SRI.P.M.SEBASTIAN
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, TRIVANDRUM, PIN - 695 001.
2. DIRECTOR O PANCHAYATS
PUBLIC OFFICE BUILDING MUSEUM P.O.,
TRIVANDRUM, PIN - 695 033.
3. UNNIKULAM GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY,
GRAMA PANCHAYATH OFFICE,
UNNIKULAM P.O., THAMARASSERY TALUK,
KOZHIKODE (DT.), PIN - 673 573.
4. THE VILLAGEO FFICER
UNNIKULAM VILLAGE, UNNIKULAM P.O.,
THARAMARASSERY TALUK, KOZHIKODE (DT.),
PIN - 673 573.
5. MUHAMMAD ISMAIL MAKKI
AGED 41 YEARS, S/O. MOIDEEN HAJI,
ANAPPARACKAL HOUSE, UNNIKULAM P.O.,
UNNIKULAM VILLAGE, KANTHAPURAM DESOM,
THAMARASSERY TALUK, KOZHIKODE (DT.)
PIN - 673 573.
R5 BY ADV. SRI.R.SUDHISH
R5 BY ADV. SMT.M.MANJU
R3 BY ADV. SRI.VINOD SINGH CHERIYAN
R3 BY ADV. SRI.T.M.KHALID
R3 BY ADV. SMT.V.MIMITA
R BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-04-2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10610 of 2018 (E)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE REGISTERED
KANAMKUZHIKANAM DOCUMENT NO. 2238/1946 DATED 24.10.1946 EXECUTED BY
MADHAVAN NAIR IN FAVOUR OF ADV. V.V.RAMAYYAR BEFORE S.R.O BALUSSERI.
EXHIBIT P2 THE TRUE COYP OF THE MARUPATTAM DOCUMENT NO.
2239/1946 DATED 24.10.1946 EXECUTED BY ADV.V.V.RAMAYYAR IN FAVOUR OF MADHAVAN
NAIR BEFORE S.R.O BALUSSERY.
EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PORTION OF THAT
PARTITION DEED NO. 955/194O OF THE S.R.O BALUSSERI.
EXHIBIT P3A THE READABLE D.T.P COPY OF THE RELEVANT PORTION OF THE EXT. P3
DOCUMENT, RELEVANT FOR THE PETITIONER'S CASE, GOT PREPARED BY THE
PETITIONER.
EXHIBIT P4 THE TRUE COPY OF THE DOCUMENT NO. 914/1956 DATED
1.5.1956 EXECUTED BY ADV. V.V.RAMAYYAR IN FAVOUR OF V.R.LEKSHMI NARAYANAN OF
THE S.R.O BALUSSERI.
EXHIBIT P4A THE READABLE COPY OF THE EXT. P4 DOCUMENT, TILL
WITNESS PORTION RELEVANT FOR THE PETITIONER'S CASE, GOT PREPARED BY THE
PETITIONER.
EXHIBIT P5 THE TRUE COPY OF THE DOCUMENT NO. 2558/1964 DATED 24.10.1964
EXECUTED BY V.R.LEKSHMI NARAYANAN IN FAVOUR OF CHACKO S/O. PUTHEN
THOPPIL CHACKO OF THE S.R.O BALUSSERY.
EXHIBIT P5A THE READABLE COPY OF THE BODY OF THE EXT.P5 DOCUMENT, TILL
WITNESS PORTION RELEVANT FOR THE PETITIONER'S CASE, GOT PREPARED BY THE
PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE DOCUMENT NO. 2324/1976 DATED 10.9.1976
EXECUTED BY CHACKO S/O. PUTHEN THOPPIL CHACKO IN FAVOUR OF KAYYALAKKAL
VARGHESE OF THE S.R.O BALUSSERY.
EXHIBIT P6A THE READABLE COPY OF THE BODY OF THE EXT.P6 DOCUMENT, TILL
WITNESS PORTION RELEVANT FOR THE PETITIONER'S CASE, GOT PREPARED BY THE
PETITIONER.
EXHIBIT P7 THE TRUE COPY OF THE DOCUMENT NO. 3335/1981 DATED 2.11.1981
EXECUTED BY DR. GEORGE MATHEW AS POWER OF ATTORNEY HOLDER OF VARGHESE
S/O. KAYYALATH ABRAHAM IN FAVOUR OF NAFEESA D/O. POKKER HAJI OF THE S.R.O
BALUSSERY TRANSFERRING RIGHT IN 1/7TH SHARE OF THE 2 ACRES OF
PROPERTY.
EXHIBIT P7A THE READABLE COPY OF THE BODY OF THE EXT. P7 DOCUMENT, TILL
WITNESS PORTION RELEVANT FOR THE PETITIONER'S CASE, GOT PREPARED BY THE
PETITIONER.
EXHIBIT P8 THE TRUE COPY OF THE DOCUMENT NO.1362/1982 DATED 15.11.1982
EXECUTED BY DR.GEORGE MATHEW AS POWER OF ATTORNEY HOLDER VARGHESE S/O.
KAYYALATH ABRAHAM IN FAVOUR OF NAFEESA D/O. POKKER HAJI OF THE S.R.O
BALUSSERY TRANSFERRING RIGHT IN 7/8TH SHARE OF THE 2 ACRES OF PROPERTY.
EXHIBIT P9 THE TRUE COPY OF THE DOCUMENT NO. 850/1991 DATED
14.3.1991 EXECUTED BY NAFEESA D/O. POKKER HAJI TO HER SISTER JASALA D/O. POKKER
HAJI OF THE S.R.O THAMARASSERY.
W.P.(C).No.10610/2018
EXHIBIT P10 THE TRUE COPY OF THE DOCUMENT NO. 1318/2007 DATED 29.3.2007
EXECUTED BY JASALA D/O. POKKER HAJI TO SURESH KUMAR AND HIS BROTHER
JAYAPRAKASH OF THE S.R.O THAMARASSERY.
EXHIBIT P11 THE TRUE COPY OF THE CORRECTION DOCUMENT NO.4735/2007 DATED
7.12.2007 EXECUTED BY JASALA D/O.POKKER HAJI IN FAVOUR OF SURESH BY JASALA D/O.
POKKER HAJI IN FAVOUR OF SURESH KUMAR AND JAYAPREKASH OF THE S.R.O
THAMARASSERY.
EXHIBIT P12 THE TRUE COPY OF THE DOCUMENT NO. 393 OF 2017 DATED 10.2.2017
EXECUTED BY MINI SEBASTIAN IN FAVOUR OF MOHAMMED ISMAIL MAKKI (R-5) OF THE
S.R.O THAMARASSERY.
EXHIBIT P13 THE TRUE COPY OF THE DOCUMENT NO. 1157 OF 2017 DATED 28.4.2017
EXECUTED BY MINI SEBASTIAN IN FAVOUR OF MOHAMMED ISMAIL MAKKI (R5) OF THE
S.R.O THAMARASSERY.
EXHIBIT P14 THE TRUE COPY OF THE DOCUMENT NO. 1854 OF 2017 DATED 22.7.2017
EXECUTED BY SURESHKUMAR AND HIS BROTHER JAYAPRAKASH IN FAVOUR OF
MOHAMMED ISMAIL MAKKI (R-5) OF THE S.R.O THAMARASSERY.
EXHIBIT P15 THE TRUE COPY OF THE COMMUNICATION DATED 11.8.2017 SENT BY
P.K.SAJIR ADVOCATE FOR THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P16 THE TRUE COPY OF THE PLAINT O.S NO. 147 OF 2017 DATED 10.8.2017
FILED BY THE 5TH RESPONDENT.
EXHIBIT P17 THE TRUE COPY OF THE APPLICATION FOR INJUNCTION I.A NO. 969 OF
2017 AND THE AFFIDAVIT AND SCHEDULE ALL DATED 10.8.2017.2
EXHIBIT P18 THE TRUE COPY OF THE APPLICATION FOR INJUNCTION I.A NO. 970 OF
2017 ALONG WITH THE AFFIDAVIT DATED 10.8.2017.
EXHIBIT P19 THE TRUE COPY OF THE REPORT DATED 23.9.2017 ALONG WITH THE
SKETCH FILED BY THE ADVOCATE COMMISSIONER IN THE SUIT O.S NO. 147 OF 2017
BEFORE THE MUNSIFF COURT, KOYILANDY.
EXHIBIT P20 THE TRUE COPY OF THE COUNTER STATEMENT DATED NIL OCTOBER 2017
FILED BY THE PETITIONER AND OTHERS IN I.A NO. 969 OF 2017 IN OS. NO. 147 OF 2017
BEFORE THE MUNSIFF COURT, KOYILANDY.
EXHIBIT P21 THE TRUE COPY OF THE WRITTEN STATEMENT DATED NIL OCTOBER 2017
FILED BY THE PETITIONER AND OTHERS IN OS NO. 147 OF 2017 BEFORE THE MUNSIFF
COURT, KOYILANDY.
EXHIBIT P22 THE TRUE COPY OF THE REPRESENTATION DATED 26.12.2017 FILED BY THE
PETITIONER ON BEHALF OF THE KOMMATH TRUST, UNNIKULAM TO THE 3RD
RESPONDENT GRAMAPANCHAYATH.
RESPONDENTS EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
prp/
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.10610 OF 2018 (A)
-----------------------------------
Dated this the 5th day of April, 2018
JUDGMENT
The petitioner, who is aggrieved by the construction carried on by the 5th respondent and the issuance of a permit to the 5 th respondent, has submitted Ext.P22 representation before the 3rd respondent, and the limited prayer of the petitioner is for a direction to the 3rd respondent to consider and pass orders on Ext.P22 representation submitted by him, expeditiously, after hearing him.
2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P22 representation, preferred by the petitioner, within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner, the 5th respondent and others likely to be W.P.(C).No.10610/2018 2 affected by the orders to be passed by the 3 rd respondent. It will be open to the petitioner to submit additional representations before the 3rd respondent at the time of hearing of the matter. The petitioner shall produce a copy of the writ petition along with a copy of this judgment, before the 3rd respondent, for further action.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE prp/5/4/18