Devaki vs State of Kerala - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN TUESDAY, THE 4TH DAY OF JULY 2023 / 13TH ASHADHA, 1945 OP(C) NO. 1019 OF 2023 (I.A.No.1079/2023 IN OS 308/2018 OF MUNSIFF COURT, CHITTUR) PETITIONERS/PETITIONERS/SUPPL.PLAINTIFFS: 1 DEVAKI AGED 68 YEARS W/O LATE SUNDARESWARAN, KOZHIKULAM HOUSE, ELAVANCHERRY CHITTUR, PALAKKAD DISTRICT., PIN - 678508 2 PRESEEDA AGED 45 YEARS D/O LATE SUNDARESWARAN, , KOZHIKULAM HOUSE, ELAVANCHERRY , CHITTUR, PALAKKAD DISTRICT., PIN - 3 PRASANNA AGED 40 YEARS D/O LATE SUNDARESWARAN, , KOZHIKULAM HOUSE, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT., PIN - 678508 4 PRASAD AGED 44 YEARS S/O LATE SUNDARESWARAN, KOZHIKULAM HOUSE, ELAVANCHERRY , CHITTUR, PALAKKAD DISTRICT., PIN - BY ADVS. RAJESH SIVARAMANKUTTY ARUL MURALIDHARAN RESPONDENTS/RESPONDENTS AND DEFENDANTS: 1 THE STATE OF KERALA REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, TRIVANDRUM ., PIN - 695001 2 ELAVANCHERRY GRAMA PANCHAYAT REP. BY SPECIAL GRADE SECRETARY, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT., PIN - 678508 OP(C) NO. 1019 OF 2023 2 3 UNNIKRISHNAN AGED 43 YEARS S/O SWAMIMALLA, ADIPPARA HOUSE, KIZHAKKUMURI POST, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT, PIN -, PIN - 678508 4 RAMESH AGED 45 YEARS S/O BHASKARAN, ADIPPARA HOUSE, KIZHAKKUMURI POST, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT, PIN -, PIN - 678508 5 LATHA S. AGED 42 YEARS W/O MAYANKUTTY, THANNIPUZHA HOUSE, KIZHAKKUMURI, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT ., PIN - 6 LEELA W/O KUNJU, ADIPPARA HOUSE, KIZHAKKUMURI POST, ELAVANCHERRY, CHITTUR, PALAKKAD DISTRICT ., PIN - SRI UNNIKRISHNAN S, GP SRI.SURIN GEORGE IPE THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1019 OF 2023 3

JUDGMENT

When the matter came up for hearing learned Counsel for the petitioners sought permission to withdraw the same. Hence, permission granted. This O.P(C) will stand dismissed as withdrawn. Sd/- P.SOMARAJAN JUDGE LEK OP(C) NO. 1019 OF 2023 4 APPENDIX OF OP(C) 1019/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AMENDED PLAINT DATED 17- 9-2018 IN O.S. NO. 308/2018 FILED BY PETITIONERS AGAINST RESPONDENTS 1 TO 6 HEREIN Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 7-6-2019 IN 0.S. NO. 308/2018 BEFORE THE MUNSIFF'S COURT, CHITTUR FILED BY RESPONDENTS 1 AND 2 Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 7-2-2019 IN O.S. NO. 308/2018 BEFORE THE MUNSIFF'S COURT, CHITTUR FILED BY RESPONDENTS 3 TO 6 Exhibit P4 TRUE COPY OF THE PLAINT DATED 23-10-2018 IN O.S. NO. 350/2018 ON THE FILES OF Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY 2ND RESPONDENT DATED 22-10-2019 IN O.S. NO. 350/2018 ON THE FILES OF Exhibit P6 TRUE COPY OF THE PLAINT DATED 5-7-2021 IN O.S. NO : 183/2021 ON THE FILES OF THE Exhibit P7 TRUE COPY OF THE PLAINT DATED 11-1-2023 IN 0.S. NO. 49/2023 ON THE FILES OF THE Exhibit P8 TRUE COPY OF THE PETITION AND AFFIDAVIT DATED 3-4- 2023 IN I.A. NO. 1079/2023 IN O.S. NO. 308/2018 ON THE FILES OF OP(C) NO. 1019 OF 2023 5 Exhibit P9 CERTIFIED COPY OF THE ORDER DATED 3-4- 2023 PASSED IN I.A. NO. 1079/2023 IN O,S. NO. 308/2018 PASSED BY MUNSIFF'S COURT, CHITTUR