M.M.Mathew v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 35435 of 2014 (D) ---------------------------- PETITIONER:
------------------ M.M.MATHEW, AGED 76 YEARS S/O.MATHAI, MANAPPURATH HOUSE, MULAVUKADU P.O ERNAKULAM DISTRICT, PIN 682 504 BY ADV. SRI. M.M.MATHEW (PARTY IN PERSON) RESPONDENTS:
------------------------
1. STATE OF KERALA BY HOME SECRETARY REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
2. M.M JOHN MANAPPURATH HOUSE, THAMBALAMANNA P.O KOZHIKODE DISTRICT, PIN 673 603
3. M.M. THOMAS MANAPPURATH HOUSE, OONNUKAL P.O, MANGATTUPADI BUS STOP NERIAMANGALAM(VIA), KOTHAMANGALAM TALUK PIN 686 693
4. BABY K.D S/O.DEVASSY, KATTACKAL HOUSE, PULLURAMPARA P.O KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN 673 604
5. K.V VARGHESE S/O.VARKEY, KUMBAPPILLIYIL HOUSE PULLURAMPARA P.O, KOZHIKODE DISTRICT , PIN 673 604
6. POLY JACOB S/O.LATE JACOB, THURUTHIMATTATHIL HOUSE THIRUVAMBADY P.O, KOZHIKODE DISTRICT PIN 673 603
7. C.B.I STANDING COUNCILE MEMBER-ADVOCATE REPRESENTED BY P CHANDRA SEKHARAN PILLAI HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR, SMT. P. MAYA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35435 of 2014 (D) APPENDIX PETITIONER'S EXHIBITS ----------------------------------- EXT.P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASS BOOK ISSUED FROM SBT THIRUVAMBADY BRANCH IN THE NAME OF THE PETITIONER EXT.P2 TRUE COPY OF THE NOTICE ADDRESSED BY THE PETITIONER TO THE BRANCH MANAGER,SBT THIRUVAMBADY BRANCH DATED 12-12EXT.P3 TRUE COPY OF THE NOTICE ISSUED FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II,THAMARASSERY AS R.C 153/2014 FOR HEARING ON 22-12-2014 RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD
P. UBAID, J.
--------------------------------------- W.P.(C). No.35435 of 2014 --------------------------------------- Dated this the 13th day of January, 2015
JUDGMENT
There is some dispute between the petitioner herein and respondent Nos. 2 to 6 regarding some family property. His grievance is that the respondents have unauthorisedly sold the entire property, and thus appropriated his share value also. He seeks investigation by the CBI into this, and he seeks a writ of mandamus, accordingly. I am not inclined to admit this writ petition to files, because the matter in dispute is not something to be investigated by the CBI, and practically it does not involve any offence also. The petitioner's grievance is in fact civil in nature, and he wants his share in the sale proceeds. He will have to proceed against the respondents in civil action. Accordingly, this writ petition is dismissed in limine, without being admitted to files.
Sd/- P. UBAID, JUDGE sd