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GOPAKUMAR K.V. versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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GOPAKUMAR K.V. v. STATE OF KERALA, REPRESENTED BY - WP(C) No. 27831 of 2006(L) [2007] RD-KL 1887 (24 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 27831 of 2006(L)

1. GOPAKUMAR K.V.,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

2. SREEMOOLANAGARAM GRAMA PANCHAYATH,

For Petitioner :SRI.A.JAYASANKAR

For Respondent :SRI.K.S.AJAYAGHOSH

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :24/01/2007

O R D E R

PIUS C. KURIAKOSE,J.


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W.P.(C)No.27831 of 2006
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Dated: 24th January, 2007



JUDGMENT

Heard Mr.A.Jayasankar, counsel for the petitioner, Mr.K.S.Ajayagosh, counsel for the 2nd respondent-Panchayat and Mr.Mohan C.Menon, counsel for the additional third respondent. Perused the materials placed on record including the series of photographs placed before me by Mr.Mohan C.Menon, counsel for the additional third respondent together with a rough sketch. The photographs and sketch will form part of the records of this case.

2. I am convinced on the basis of the submissions addressed before me that this Writ Petition is yet another sequel of an ongoing subsisting civil dispute over immovable properties between the petitioner and the other members of his family. In fact the road in question, it is seen, was constructed on land which seems to have been surrendered at some distant point of time by the members of the family. The Civil Court is also in seisin of the matter and an order directing maintenance of status quo is already passed by the Civil Court. The Panchayat therefore is certainly justified in waiting for the final verdict of the Civil Court. Moreover, I am not at all convinced that the instant case is a fit one where this court will be justified in invoking the extra-ordinary jurisdiction under Article 226 of the W.P.C.No. 27831/06 - 2 - Constitution for granting the reliefs sought for. The Writ Petition will stand dismissed, but in the circumstances without any order as to costs.

srd PIUS C.KURIAKOSE, JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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