High Court of KeralaWP(C)/24287/2015disposed of

Ashok Kumar v. Karthiyayani

2015-10-14Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 W.P(C).No. 24287 of 2015(I) PETITIONER:

ASHOK KUMAR, AGED 4E YEARS S/O.PONNAPPAN, ERICHILAYIL HOUSE, UDAYANAPURAM P.O., VAIKOM, KOTTAYAM, PIN - 686 143.

BY ADVS.SRI.SABU THOZHUPPADAN SMT.P.M.JINIMOL RESPONDENT:

KARTHIYAYANI, AGED 55 YEARS, W/O.KUNJUKUNJU, THEKKEKARA HOUSE, THEKKEKARA HOUSE, KAIPATTOOR KARA, EDAKKATTUVAYAL, KANAYANOOR TALUK, ERNAKULAM 683 031.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.10.2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

[P.T.O]

W.P(C).No. 24287 of 2015(I) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1. COPY OF THE SETTLEMENT DEED NO.3215/1997 OF VAIKOM SUB REGISTRY.

EXHIBIT P2. COPY OF THE RELINQUISHMENT DEED NO.1858/1998 OF VAIKOM SUB REGISTRY.

EXHIBIT P3. COPY OF THE SALE CERTIFICATE DEED NO.3032/2008 OF VAIKOM SUB REGISTRY.

EXHIBIT P4. COPY OF THE SALE CERTIFICATE NO.3935/2008 OF VAIKOM SUB REGISTRY.

EXHIBIT P5. COPY OF THE SALE DEED NO.395/1/2010 OF VAIKOM SUB REGISTRY.

EXHIBIT P6. COPY OF THE ORDER DATED 25.5.2010 OF TALUK LEGAL SERVICES COMMITTEE, VAIKOM.

EXHIBIT P7. COPY OF THE FINAL JUDGMENT IN I.A.No.1194/10 IN A.P.No.20/2010 OF MUNSIFF'S COURT, VAIKOM.

RESPONDENTS' EXHIBITS:

NIL // TRUE COPY // PA TO JUDGE PtK/

A.MUHAMED MUSTAQUE, J.

***************************************************************************** W.P.(C) No.24287 of 2015 ****************************************************************************** Dated this the 14th day of October, 2015

JUDGMENT

The petitioner, challenging an order passed by the Lok Adalath, has approached this Court. Ext.P6 is the award of the Lok Adalath.

The petitioner's case is that the party respondent does not have any right of the land belongs to the petitioner and therefore, the award directing to give a share to the party respondent is illegal. The award of the Lok Adalath is based on a compromise. It is a compromise, i.e., given a stamp of approval of the award. The petitioner appeared before the authority and agreed for such compromise.

Therefore, this Court is of the view that the challenge made by the petitioner invoking under Article 226 of the Constitution is unsustainable. Accordingly, this writ petition is dismissed. Sd/- A.MUHAMED MUSTAQUE, JUDGE ln