High Court of KeralaWP(C)/35266/2005dismissed

Aboobacker v. Rdo, Thrissur

2015-05-25Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 35266 of 2005 (W) ---------------------------------------- PETITIONER:

------------------- ABOOBACKER, S/O. ABDUL RAHIMAN, AGED 38 YEARS, KALLINGAPADATHIL, THALAPPILLY TALUK, THRISSUR DIST.

BY ADVS. SRI. V.V. NANDAGOPAL NAMBIAR SRI. T.P. PRADEEP RESPONDENT(S):

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

1. THE REVENUE DIVISIONAL OFFICER, THRISSUR.

2. AMINA, W/O. KUNNATHUPEEDIKAYIL MOIDEEN, VARAVOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DIST.

3. IBRAHIM, S/O. KUNNATHUPEEDIKAYIL BAPPUTTY, VARAVOOR VILLAGE, THAPAPPILLY TALUK THRISSUR DIST.

4. MOHAMMED, S/O.KUNNATHUPEEDIKAYIL CHEKKU, VARAVOOR VILLAGE, THALAPPILLY TALUK, THRISSUR DIST. R2 TO R4 BY ADV. SRI.P.VIJAYA BHANU R3 & R4 BY ADV. SRI.P.SANTHOSH (PODUVAL) R1 BY GOVERNMENT PLEADER SRI. P.V. ELIAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ww

WP(C).No. 35266 of 2005 (W) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P-1:

TRUE PHOTOCOPY OF THE REGISTERED NOTICE ADDRESSED TO 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS - NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE ww

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.35266 of 2005 ---------------------------------------------- Dated this the 25th day of May, 2015

JUDGMENT

According to the petitioner, he owns 40 cents of paddy land in Survey No.176/1 of Varavoor Village. He has approached this Court in this writ petition alleging that respondents 2 and 4 are doing illegal reclamation of their paddy land situated adjacent to that of the petitioner. The petitioner has submitted Ext.P1 representation and due to the inaction on the part of the 1st respondent in taking a decision thereon, he has approached this Court in this writ petition seeking various reliefs.

2. Today, when the case was taken up for final hearing, the learned counsel for respondents 2 and 4 submitted that for restraining respondents 2 and 4 from reclaiming their paddy land, the petitioner filed OS No.58/2004 before the Munsiff Court, Wadakkanchery seeking a mandatory and prohibitory injunction. The Munsiff Court dismissed the said suit by judgment dated 22.11.2005 and that judgment has attained finality.

W.P.(C) No.35266/2005 In such circumstances, the petitioner is not entitled for any of the reliefs sought for in the writ petition and the writ petition is accordingly dismissed.

SD/- ANIL K. NARENDRAN, JV JUDGE