Bindhu vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 31, 2023

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Citation: sooperkanoon.com/1400737
Court: Kerala High Court
Judge: Honourable Mr.Justice V.G.Arun
Decided On: Jan 31, 2023
Case Number: OP(Crl.)/615/2022

Parties & Advocates

Appellant / Petitioner

Bindhu

Respondent

State of Kerala

Excerpt

.....as this court had lifted the attachment subject to the condition of remitting rs.5,000/- as litigation expenses and the petitioners have remitted the amount, the original petition is closed making the order lifting the attachment absolute. sd/- v.g. arun judge bpr -3- appendix of op(crl.) 615/2022 petitioners' exhibits exhibit p1 copy of the death certificate issued by the corporation of cochin dated 29.03.2014. exhibit p2 copy of the family membership certificate dated 07.06.2022 issued by elamkulam village office. exhibit p3 copy of the petitions dated 15.09.2012 filed in l.p.no.34/2005/s.t.no.929/2000. exhibit p3(a) copy of the petitions dated 15.09.2012 filed in l.p.no.29/2005/s.t.no. exhibit p4 copy of the order of the jfmc-1, s.t.no.922/2012. exhibit p4(a) copy of the order of the jfmc-1, s.t.no.923/2012. exhibit p5 copy of the memo dated 17.09.2012 of the judicial magistrate of first class- 1, perintalmanna. exhibit p6 copy of the receipt of payment of land tax. exhibit p7 copy of the petition dated 13/05/2013 in s.t.no.922/2012 filed the 3rd respondent exhibit p7(a) copy of the petition dated 13/05/2013 in s.t.no.923/2012 filed the 3rd respondent. -4- exhibit p8 copy of the official communication addressed to the village officer, elamkulam by the tahsildar, perintalmanna dated 16.08.2021. exhibit p9 copy of the petition dated 24.06.2022 records and orders in s.t.no.922/2012 exhibit p9(a) copy of the petitions dated 24.06.2022 records and orders in s.t.no.923/2012

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 PETITIONERS: 1 BINDHU, AGED 49 YEARS, W/O. LATE RAJAN, 2 AKHILA P., AGED 28 YEARS, D/O. LATE RAJAN, 3 AKHIL P., AGED 24 YEARS, S/O. LATE RAJAN, BY ADV. R. UMASANKAR RESPONDENTS:

1 STATE OF KERALA REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 THE VILLAGE OFFICER, ELAMKULAM VILLAGE, PERINTALMANNA TALUK, MALAPPURAM-679 340. 3 THANKAYATHIL UMMER, AGED 58 YEARS, S/O. UNNEENKUTTY MOLLA, THANKAYATHIL HOUSE, CHERUKARA P.O., ELAMKULAM VILLAGE, SRI. M.C. ASHI, PUBLIC PROSECUTOR THIS O.P. (CRIMINAL) HAVING COME UP FOR ADMISSION ON 31.01.2023,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2-

JUDGMENT

Dated this the 31st day of January, 2023 Learned Counsel for the petitioners has produced the original of the chalan dated 23.01.2023 evidencing remittance of Rs.5,000/- as litigation expenses to the Government, as directed by this Court vide order dated 19.01.2023. As this Court had lifted the attachment subject to the condition of remitting Rs.5,000/- as litigation expenses and the petitioners have remitted the amount, the original petition is closed making the order lifting the attachment absolute. Sd/- V.G. ARUN JUDGE bpr -3- APPENDIX OF OP(CRL.) 615/2022 PETITIONERS' EXHIBITS EXHIBIT P1 COPY OF THE DEATH CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN DATED 29.03.2014. EXHIBIT P2 COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 07.06.2022 ISSUED BY ELAMKULAM VILLAGE OFFICE. EXHIBIT P3 COPY OF THE PETITIONS DATED 15.09.2012 FILED IN L.P.NO.34/2005/S.T.NO.929/2000. EXHIBIT P3(A) COPY OF THE PETITIONS DATED 15.09.2012 FILED IN L.P.NO.29/2005/S.T.NO. EXHIBIT P4 COPY OF THE ORDER OF THE JFMC-1, S.T.NO.922/2012. EXHIBIT P4(A) COPY OF THE ORDER OF THE JFMC-1, S.T.NO.923/2012. EXHIBIT P5 COPY OF THE MEMO DATED 17.09.2012 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS- 1, PERINTALMANNA. EXHIBIT P6 COPY OF THE RECEIPT OF PAYMENT OF LAND TAX. EXHIBIT P7 COPY OF THE PETITION DATED 13/05/2013 IN S.T.NO.922/2012 FILED THE 3RD RESPONDENT EXHIBIT P7(A) COPY OF THE PETITION DATED 13/05/2013 IN S.T.NO.923/2012 FILED THE 3RD RESPONDENT. -4- EXHIBIT P8 COPY OF THE OFFICIAL COMMUNICATION ADDRESSED TO THE VILLAGE OFFICER, ELAMKULAM BY THE TAHSILDAR, PERINTALMANNA DATED 16.08.2021. EXHIBIT P9 COPY OF THE PETITION DATED 24.06.2022 RECORDS AND ORDERS IN S.T.NO.922/2012 EXHIBIT P9(A) COPY OF THE PETITIONS DATED 24.06.2022 RECORDS AND ORDERS IN S.T.NO.923/2012

Same Court & Year Kerala · 2023 Same Parties Bindhu vs State of Kerala Same Judge Honourable Mr.Justice V.G.Arun