Kerala High Court
C.O.Kochukunju vs The Revenue Divisional Officer on 15 July, 1995
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
FRIDAY, THE 22ND DAY OF JUNE 2012/1ST ASHADHA 1934
WP(C).No. 11114 of 2012 (L)
---------------------------
PETITIONER:
-----------
C.O.KOCHUKUNJU, AGED 67 YEARS,
S/O.OOMMEN CHAKKALAYIL VEEDU, KADAPRA MURI,
KADAPRA VILLAGE, THIRUVALLA TALUK.
BY ADV. SRI.ABRAHAM MATHEW (VETTOOR)
RESPONDENT(S):
--------------
1. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA,
PIN- 689101.
2. THE CIRCLE INSPECTOR OF POLICE ,
THIRUVALLA, PIN -689101.
3. THE SUB INSPECTOR OF POLICE,
PULIKOZH, THIRUVALLA TALUK, PIN- 689101.
4. THE VILLAGE OFFICER,
KADAPRA, THIRUVALLA TALUK, PIN- 689101.
5. C.O. ABRAHAM,
S/O.OOMMEN, CHAKKALAYIL HOUSE, KADAPRA MURI,
KADAPRA VILLAGE, THIRUVALLA TALUK, PIN- 689101.
BY ADV. SRI.T.P.PRADEEP
BY SRI.JOSEPH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WP(C).No. 11114 of 2012 (L)
APPENDIX
PETITIONER(S) EXHIBITS:
EXT.P1: COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE
OFFICER KADAPRA DATED 15-07-1995.
EXT.P2: COPY OF THE ASSIGNEMENT DEED DATED 05-01-1962.
EXT.P3: COPY OF THE PLAINT IN O.S NO.296/2011 OF THE MUNSIFF COURT
THIRUVALLA FILED BY THE 5TH RESPONDENT AGAINST THE
PETITIONER.
EXT.P4: COPY OF THE ORDER OF INJUNCTION PASSED BY THE MUNSIFF COURT
THIRUVALLA IN I.A NO.1853/2011 IN O.S NO.307/2011 DATED
04-07-2011.
EXT.P5: COPY OF THE REPORT FILED BY THE ADVOCATE COMMISSIONER
APPOINTED IN O.S NO.307/2011 ALONG WITH SKETCH OF THE
PROPERTY DATED 11-07-2011.
EXT.P6: COPY OF THE COMMON ORDER IN I.A NO.1828/2011 IN O.S
NO.296/2011 & I.A NO.1853/2011 IN O.S NO.307/2011 PASSED BY
THE LEARNED MUNSIFF COURT THIRUVALLA DATED 21-10-2011.
EXT.P7: COPY OF THE PETITION FILED BY THE 5TH RESPONDENT BEFORE THE
1ST RESPONDENT ON 24-12-2011.
EXT.P8: COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 30-03-2012.
EXT.P9: COPY OF THE SAID ORDER PASSED BY THE 1ST RESPONDENT DATED
07-04-2012.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
AS
T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.11114/2012-L
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 22nd day of June, 2012
J U D G M E N T
The petitioner challenges Ext.P9 letter passed by the Revenue Divisional Officer, addressed to the Sub Inspector of Police, with a direction to ensure the right of way to the fifth respondent.
2. The learned counsel for the petitioner submitted that civil suits filed by the petitioner and the fifth respondent are pending already before the Munsiff Court, Thiruvalla as O.S.Nos.307/2011 and 296/2011 respectively, wherein Ext.P6 interim order is in force.
3. Heard the learned counsel for the petitioner, learned counsel for the fifth respondent and the learned Government Pleader.
4. Learned counsel for the fifth respondent submitted that the fifth respondent may be allowed to pursue his remedies in the civil suit pending between the parties.
5. In that view of the matter, Ext.P9 is quashed without prejudice to the right of the fifth respondent to pursue the remedies in the civil suit. In the light of the above, there will be a direction to the Revenue Divisional Officer to strike off Ext.P7 petition filed by the fifth respondent leaving the parties to seek appropriate remedies from the civil court. The writ petition is disposed of as above. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge.) ms