Dharmarajan v. K Muraleedharan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 RP.No. 328 of 201515 ------------------------------- AGAINST JUDGMENT DATED 9.1.2015 IN WP(C) 815/2015. ...........

PETITIONER(S/3RD PARTIES TO THE WRIT PETITION: ----------------------------------------------------------------------------

1. DHARMARAJAN ILAMBISSERY, AADINADU SOUTH, AADINADU VILLAGE, KATTILKADAVU(P.O), KARUNAGAPALLY, KOLLAM - 690 542.

2. ANANDAN THAMBI, ILAMBISSERY, AADINADU SOUTH, AADINADU VILLAGE, KATTILKADAVU(P.O), KARUNAGAPALLY, KOLLAM - 690 542.

BY ADVS.SRI.NIDHIBALACHANDRAN SRI SABUE GEORGE RESPONDENT(S)/PETITIONER & RESPONDENTS IN THE WRIT PETITION: --------------------------------------------------------------------------------------------------------

1. K. MURALEEDHARAN, AGED 66 YEARS, S/O.KUMARAN, PRESIDENT, ILAMBALLISERRY SHRI BHADRAABHAGAVATHI TEMPLE TRUST, AADINAD SOUTH, AADINADU VILLAGE, KATTILKADAVU P.O, KARUNAGAPPALLY, KOLLAM - 690 542.

2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT(REVENUE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

3. ADDITIONAL TAHASILDAR, KARUNAGAPPALLY, TALUK OFFICE, KARUNAGAPALLY - 690 518.

4. VILLAGE OFFICER, AADINADU VILLAGE, KARUNAGAPALLY, KOLLAM - 690 573.

R1 BY SRI.E.M.MURUGAN R2 TO R4 BY SENIOR GOVT. PLEADER SRI.K.C.VINCENT THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

RP.No. 328 of 201515 ------------------------------ APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE 1 :

TRUE COPY OF THE POSSESSION CERTIFICATE DATED 29.10.2013 IN THE NAME OF THE 1ST PETITIONER ISSUED BY THE VILLAGE OFFICER, AADINADU.

ANNEXURE 2 :

TRUE COPY OF THE BUILDING TAX RECEIPT DATED 16.4.2014 IN THE NAME OF THE 1ST PETITIONER ISSUED BY THE VILLAGE OFFICER, AADINADU.

ANNEXURE 3 :

TRUE COPY OF THE PARTITION DEED BEARING NO.1634/1102. ANNEXURE 4 :

TRUE COPY OF THE RELEVANT PAGE OF CHAIN SURVEY VIJNANAKOSAM' WRITTEN BY A.D THOMAS ALAPPATTU. ANNEXURE 5 :

TRUE COPY OF THE SKETCH OF THE PROPERTY ISSUED BY THE TECHNICAL ASSISTANT, CENTRAL SURVEY OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM.

RESPONDENT'S ANNEXURES:

- NIL ------------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

P.R.RAMACHANDRA MENON, J.

========================= Review Petition No.328 of 2015 in W.P.(C) No.815 of 2015 ============================ Dated this the 27th day of March, 2015

ORDER

The review petitioner has approached this Court seeking the review of the judgment dated 09.01.2015, whereby the writ petition preferred by the 1st respondent was disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext.P6 after affording an opportunity of hearing to the petitioner. It is stated that the property concerned herein is actually belonging to the review petitioner and the writ petitioner does not have any right over the same. It is also pointed out that some vital aspects were not revealed by the writ petitioner while filing the writ petition, which is sought to be rebutted by the learned counsel appearing for the writ petitioner.

2. Heard the learned Government Pleader as well. It is stated that the matter is still to be finalised.

3. In the said circumstance, the direction given by this Court as per judgment dated 09.01.2015 in W.P.(C) No.815 of 2015 shall

R.P No.328/2015 in W.P(C) No.815 of 2015 be implemented by the 2nd respondent after affording an opportunity of hearing to both the writ petitioner as well as the review petitioner herein. A further period of one month is granted so as to comply with the direction. It is made clear that this Court has not expressed anything with regard to the merits of the case.

Sd/- P.R.RAMACHANDRA MENON, JUDGE vdv