Kerala High Court
WP(C)/24348/2010 of MARY JAMES Vs VILLAGE OFFICERAND OTHERS on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 24348 of 2010 (P) --------------------------- PETITIONER(S): ------------- MARRY JAMES, C/O.P.J.JOHN, PARASSERIYIL HOUSE, THALAYADU P.O.,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 24348 of 2010 (P)
---------------------------
PETITIONER(S):-------------
MARRY JAMES, C/O.P.J.JOHN,
PARASSERIYIL HOUSE, THALAYADU P.O.,
UNNIKULAM (VIA), KOZHIKODE DISTRICT – 673 574.
BY ADVS.SRI.JOSEPH SEBASTIAN PURAYIDAM
SMT.MABLE.C.KURIAN.
RESPONDENT(S):
--------------
1. VILLAGE OFFICER,THIRUVAMBADY VILLAGE, KOZHIKODE DISTRICT. KOZHIKODE DISTRICT.
2. TAHSILDAR,KOZKOKODE TALUK,KOZHIKODE – 673 001.
3. TALUK SURVEYOR,
KUNNAMANGALAM(P.O),KOZHIKKODE DISTRICT – 673 571.
4. SUPERINTENDENT OF POLICE, VADAKARA (P.O), KOZHIKODE DISTRICT – 673 101. VADAKARA (P.O), KOZHIKODE DISTRICT – 673 101.
5. S.I.OF POLICE,THIRUVAMBADY POLICE STATION, THIRUVAMBADY (P.O),KOCHIKODE DISTRICT. THIRUVAMBADY (P.O),KOCHIKODE DISTRICT.
6. K.T.ABRAHAM,KIZHAKKEPARAMBIL HOUSE, THIRUVAMBADY DESOM & P.O, KOZHIKODE TALUK. THIRUVAMBADY DESOM & P.O, KOZHIKODE TALUK.
7. UNNI JOSEPH,VELLILANKAL HOUSE, THIRUVAMBADY P.O.,KOZHIKODE DISTRICT THIRUVAMBADY P.O.,KOZHIKODE DISTRICT
R1 TO R5 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE.
R6 BY ADVS. SRI.V.T.MADHAVANUNNI
SRI.V.A.SATHEESH
R7 BY ADV. SRI.JOBI JOSE KONDODY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:-
RESPONDENT'S EXHIBITS:
NIL.
//TRUE COPY//
P.A TO JUDGE
P.R.RAMACHANDRA MENON, J.
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W.P.(C) NO. 24348 of 2010 (P)
---------------------------------------- Dated this the 31[st] day of December, 2012
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JUDGMENT
The petitioner has approached this Court seeking for adirection to be given to the respondents 1 and 2 to takenecessary steps to measure the property of the petitioner and todemarcate the boundaries as sought for in Ext. P4.
2. The case of the petitioner is that the property alongwith larger extent was originally owned and possessed by thefather of the petitioner. It was having an extent of 1 acre 75cents; out of which, he executed a gift in favour of the mother ofthe petitioner, whereby an extent of 50 cents was conveyed toher as per Settlement Deed bearing No. 580/86 of S.R.O.Kodencherry. It is stated that the gift was accepted by themother during the life time of the father and later, the motherexecuted a Gift Deed bearing No. 4/92 of the S.R.O. Kodencherryin favour of the petitioner retaining 'life interest', in respect of 40cents of land. The petitioner contends that the said property wassubsequently conveyed by the petitioner in the name of herhusband joining hands with her mother. After the demise of the husband of the petitioner, the property came to the hands of thepetitioner and her children as the legal heirs of the deceasedhusband. The grievance of the petitioner is that the conveyancestated as effected by the mother is refused to be given effect toby the 6[th] respondent who is the brother of the petitioner. The 7[th]respondent is a person with whom an agreement for sale hasbeen executed. It is stated that civil suit was pending before thePrincipal Munsiff's Court, Kozhikode as O.S. No. 753/96 andpursuant to dismissal of the said case, A.S. No. 299/2003 wasfiled which also did not turn to be fruitful in favour of theappellant therein. The aforesaid judgements Ext. P2 and P3 arenow pending consideration before this Court by way of RSA No.1198/2006 and connected cases. The learned counsel for thepetitioner submits that the mother of the petitioner who was aparty to the above proceedings took her last breath on24.10.2009 and that the appeal has virtually become abated.
Conclusion
3. After hearing both the sides, this Court finds that therelief sought for by the petitioner in this writ petition issubstantially related to the subject matter of the civil dispute pending before this Court. It is open for the petitioner to movethe appropriate Court to work out her remedy.
With the above observations, the writ petition is disposed of.
sd/- P.R.RAMACHANDRA MENON, JUDGE
DCS