High Court of KeralaWP(C)/7642/2013closed

Sherly Joy v. State Of Kerala

2015-06-17Honourable Smt. Justice P.V.Asha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).No. 7642 of 2013 (E) --------------------------- PETITIONER(S):

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1. SHERLY JOY, AGED 44 YEARS W/O. K.J. JOY, RESIDING AT HOUSE NO. XX/171 KAROTTE HOUSE, MALAYINKEEZHU, KOTHAMANGALAM ERNAKULAM DISTRICT, PIN-686691.

2. JOSE AUGUSTINE K., AGED 37 YEARS S/O. K.P. AUGUSTINE, RESIDING HOUSE NO. VI/221 KACHAPPILLY HOUSE, KIDANGUR.P.O., THURAVUR KARA PANCHAYATH AND VILLAGE, ANGAMALY TALUK ERNAKULAM DISTRICT. PIN-686572.

BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE GOVERNMETN SECRETARIAT TRIVANDRUM-695001.

2. THE TAHASILDAR, TALUK OFFICE, KOTHAMANGALAM ERNAKULAM DISTRIVCT PIN-686691.

3. VILLAGE OFFICER VILLAGE OFFICE, KOTHAMANGALAM ERNAKULAM DISTRICT PIN-686691.

4. THE MANAGER CANARA BANK, CHERIA PALLI BUILDING, A.M. ROAD KOTHAMANGALAM BRANCH KOTHAMANGALAM ERNAKULAM DISTRICT PIN-686691.

R4 BY SRI.M.GOPINATHA MENON SC, CANARA BANK R4 BY ADV. SRI.P.BENNY THOMAS R4 BY ADV. SRI.K.JOHN MATHAI BY GOVERNMENT PLEADER SRI. V.K. REFEEK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7642 of 2013 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT.P1 TRUE COPY OF LEASE DEED DATED 26-8-2011 EXECUTED 2ND PETITIONER, 1ST PETITIONER AND HER HUSBAND.

EXHIBIT.P2 TRUE COPY OF PLAINT DATED 16-3-11 FILED BY 4TH RESPONDENT AS OS NO. 55/11 BEFORE SUB COURT MUVATTUPUZHA AGAINST 1ST PETITIONER AND OTHERS.

EXHIBITP3 TRUE COPY OF ATTACHEMENT ORDER NO. B3-9118/09 DATED 2-11-12 ISSUED BY 4TH RESPONDENT BANK TO 1ST PETITIONER. EXHIBIT.P4 TRUE COPY OF REPLY DATED 14-12-12 SUBMITTED BY 1ST PETITIONER TO 4TH RESPONDENT BANK.

EXHIBIT.P5 TRUE COPY RECEIPT DATED 14-12-12 EXHIBIT.P6 TRUE COPY OF RECEIPT DATED 14-12-12. EXHIBIT.P7 TRUE COPY OF PHYSICAL DISABILITY CERTIFICATE DATED 29-5-11 ISSUED BY MEDICAL BOARD DISTRIC HOSPITAL ALUVA TO 2ND PETITIONER. EXHIBIT.P8 TRUE COPY OF APPLICATION DATED 12-3-13 SUBMITTED BY 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:

NIL -------------------------------------- /TRUE COPY/ P.A. TO JUDGE SKV

P.V.ASHA, J.

=================== W.P.(C). No.7642 OF 2013 ======================= Dated this the 17th day of June, 2015

JUDGMENT

Heard the learned counsel appearing for the parties. This writ petition is filed challenging the proceedings based on Ext.P3 and for a direction to respondents 2 and 3 to issue ownership and possession certificate of 63 cents of property comprised in Survey No.925/4A of Kothamangalam Village owned by the 1st petitioner and possessed by the 2nd petitioner as per Ext.P1 lease agreement, irrespective of Ext.P3 attachment order. The learned counsel appearing for the 4th respondent as well as the learned Government Pleader submit that the issue raised in the writ petition is already settled and the petitioner has paid off the amount due to the 4th respondent bank.

Learned Government Pleader submitted that the possession certificate was already issued to petitioner on 14.5.2013. Therefore, no further relief is required in this writ petition.

Accordingly, this writ petition is closed.

Sd/- P.V. ASHA, JUDGE SKV