Pookoya v. E.P.Attakoya Thangal

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Crl.MC.No. 4940 of 2015 ----------------------------------- TO SET ASIDE ORDER DATED 30.07.2015 PASSED BY EXECUTIVE MAGISTRATE, AMINI ISLAND -------------------- PETITIONER(S) :

-------------------------- POOKOYA, S/O.K.MOHAMMED KOYA, THOOPIYAKAL, AMINI ISLAND.

BY SRI.S.V.BALAKRISHNA IYER (SENIOR ADVOCATE) ADVS.SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.S.NITHIN (ANCHAL) RESPONDENT(S) :

----------------------------

1. E.P.ATTAKOYA THANGAL, EAKKARAPALLY HOUSE, KAVARATTI ISLAND, MUTHAVALLY OF UJRA MOSQUE AMINI, PIN - 682 555.

2. UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM.

3. THE EXECUTIVE MAGISTRATE, AMINI ISLAND, UNION TERRITORY OF LAKSHADWEEP, PIN - 682 552. R1 BY ADVS. SRI.T.H.ABDUL AZEEZ SRI.K.V.VASAVAN SRI.V.A.AJMAL SRI.K.N.MUHAMMED THANVEER R2 & R3 BY ADV.SRI.S.RADHAKRISHNAN, S.C THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 4940 of 2015 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1: TRUE COPY OF DOCUMENT NO.61/2010 DATED 25.10.2010 EXECUTED BY SRI.SAITHU SHAIKOYA THANGAL IN FAVOUR OF THE IST RESPONDENT ANNEXURE-A2: TRUE COPY OF PARTITION DEED NO.166/2008 DATED 31.12.2008 EXECUTED BETWEEN THE FAMILY MEMBERS OF PETITIONER ANNEXURE-A3: COPY OF THE SKETCH SHOWING THE LIE OF THE MAKBARA AND ALSO THE UJRA MOSQUE IN THE ADJACENT PLOT.

ANNEXURE-A4: TRUE COPY OF ORDER DATED 15.4.2002 OF ASSISTANT SETTLEMENT OFFICER, AMINI ASSIGNING THE ENTIRE LAND IN SURVEY NO.186/17 IN FAVOUR OF THE PETITIONER'S FATHER ANNEXURE-A5: TRUE COPY OF ORDER DATED 29.5.2000 OF THE ASSISTANT SETTLEMENT OFFICER WITH REGARD TO THE LAND IN SY.NO.186/16 ISSUED IN FAVOUR OF THE PREDECESSOR OF THE IST RESPONDENT ANNEXURE-A6: TRUE COPY OF ORDER DATED 20.8.2013 PASSED BY EXECUTIVE MAGISTRATE, AMINI ISLAND.

ANNEXURE-A7: TRUE COPY OF THE INTERIM ORDER DATED 23.8.2015 ISSUED BY THIS HON'BLE COURT IN CRL.M.C. NO.3566 OF 2013.

ANNEXURE-A8: TRUE COPY OF NOTICE DATED 27.7.2015 ISSUED BY THE EXECUTIVE MAGISTRATE, AMINI ISLAND.

ANNEXURE-A9: TRUE COPY OF NOTICE DATED 28.7.2015 ISSUED BY THE EXECUTIVE MAGISTRATE, AMINI ISLAND.

ANNEXURE-A10: ORDER PASSED BY THE EXECUTIVE MAGISTRATE, AMINI ISLAND ON 30.7.2007.

RESPONDENT(S)' EXHIBITS ---------------------------------------

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.4940 of 2015 ````````````````````````````````````````````````````````````` Dated this the 17th day of September, 2015

O R D E R

~ ~ ~ ~ ~ ~ The relief sought for is to set aside Annexure-A10 order dated 30.07.2015 passed by the Executive Magistrate, Amini Island. It seems that the matter has become infructuous. Matters being so, this Crl.M.C. is dismissed as infructuous.

Sd/- (B.KEMAL PASHA, JUDGE) aks/17/09 // True Copy // PA to Judge