Ayisha vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 01, 2023

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Citation: sooperkanoon.com/1375568
Court: Kerala High Court
Judge: Honourable Mr.Justice Mohammed Nias C.P.
Decided On: Jun 01, 2023
Case Number: WP(C)/8610/2011

Parties & Advocates

Appellant / Petitioner

Ayisha

Respondent

State of Kerala

Excerpt

.....perinthalmanna post-679 322, smt. vineetha b, sr.gp this writ petition (civil) having come up for admission on 01.06.2023, the court on the same day delivered the following:mohammed nias c.p., j.w.p.(c) no. 8610 of 2011 dated this the 1st day of june, 2023judgmentlearned counsel for the parties submit that they do not have any instructions in the matter. at this distance of time, there is no likelihood of the reliefs sought in the above case surviving. accordingly, the writ petition is closed without prejudice to the right of the parties to file an application seeking restoration, if there is anything surviving for consideration on the basis of the cause of action urged in the above case. sd/- mohammed nias c.p., judge lu appendix of wp(c) 8610/2011 petitioner exhibits : exhibit p1: the true copy of the partition deed no.3183/1979 dated 20-9-79. exhibit p2: the true copy of the plaint submitted by the petitioner before the learned munsiff court, perinthalmanna dated 19.3.99 in os no.45/99. exhibit p2 (a): the true copy of the judgment in os no.45/99 on the files of the munsiff court, perinthalmanna dated 31/1/2004, exhibit p3: the true copy of the judgment in appeal suit no.47/04 dated 1/2/2011 on the files of the district court, manjeri. exhibit p4: the true copy of memorandum of second appeal in rsa no.352/11 dated 8/3/2011 on the files of this hon'ble court. exhibit p5: the true copy of the representationfiled by the petitioner ombudsman for the local self government institutions department dated 17.2.2011. // true copy // pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945 PETITIONER: AYISHA D/O.CHUNDAMPATTA, KUNHUNNIAN, RESIDING AT PATHAIKARA, PATHAIKARA AMSOM AND DESOM IN, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV SRI.K.MUHAMMED SALAHUDHEEN RESPONDENTS: 1 STATE OF KERALA BY THE SECRETARY, LOCAL SELF GOVERNMENT, INSTITUTIONS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2 THE PERINTHALMANNA MUNICIPALITY REPRESENTED BY ITS SECRETARY, P.O.PERINTHALMANNA, 679 322, 3 SECRETARY PERINTHALMANNA POST-679 322, SMT. VINEETHA B, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J.
W.P.(C) No. 8610 of 2011 Dated this the 1st day of June, 2023

JUDGMENT

Learned counsel for the parties submit that they do not have any instructions in the matter. At this distance of time, there is no likelihood of the reliefs sought in the above case surviving. Accordingly, the writ petition is closed without prejudice to the right of the parties to file an application seeking restoration, if there is anything surviving for consideration on the basis of the cause of action urged in the above case. Sd/- MOHAMMED NIAS C.P., JUDGE LU APPENDIX OF WP(C) 8610/2011 PETITIONER EXHIBITS : EXHIBIT P1: THE TRUE COPY OF THE PARTITION DEED NO.3183/1979 DATED 20-9-79. EXHIBIT P2: THE TRUE COPY OF THE PLAINT SUBMITTED BY THE PETITIONER BEFORE THE LEARNED MUNSIFF COURT, PERINTHALMANNA DATED 19.3.99 IN OS NO.45/99. EXHIBIT P2 (A): THE TRUE COPY OF THE JUDGMENT IN OS NO.45/99 ON THE FILES OF THE MUNSIFF COURT, PERINTHALMANNA DATED 31/1/2004, EXHIBIT P3: THE TRUE COPY OF THE JUDGMENT IN APPEAL SUIT NO.47/04 DATED 1/2/2011 ON THE FILES OF THE DISTRICT COURT, MANJERI. EXHIBIT P4: THE TRUE COPY OF MEMORANDUM OF SECOND APPEAL IN RSA NO.352/11 DATED 8/3/2011 ON THE FILES OF THIS HON'BLE COURT. EXHIBIT P5: THE TRUE COPY OF THE REPRESENTATION

FILED BY THE PETITIONER OMBUDSMAN FOR THE LOCAL SELF GOVERNMENT INSTITUTIONS DEPARTMENT DATED 17.2.2011. // True Copy // PA To Judge

Same Court & Year Kerala · 2023 Same Parties Ayisha vs State of Kerala Same Judge Honourable Mr.Justice Mohammed Nias C.P.