Achamma Thomas vs The Secretary on 29 May, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 7579 of 2009(N)


1. ACHAMMA THOMAS
                      ...  Petitioner

                        Vs



1. THE SECRETARY,
                       ...       Respondent

2. THE EDATHWA GRAMA PANCHAYAT

3. THE VILLAGE OFFICER

4. THE REVENUE DIVISIONAL OFFICER

                For Petitioner  :SRI.SIRAJ KAROLY

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :29/05/2009

 O R D E R
                THOTTATHIL B RADHAKRISHNAN, J
                   ...........................................
                   WP(C).NO. 7579               OF 2009
                  ............................................
          DATED THIS THE             29th DAY OF MAY, 2009

                                JUDGMENT

The petitioner claims to be in absolute possession and

ownership of an item of property covered by Ext.P1 to P3. She

says that she has filed a suit as O.S.186 of 2009 before the

Munsiff’s Court, Alappuzha in relation to certain alleged torts.

This writ petition is filed in the wake of Ext.P5 judgment on which

an action for contempt was also initiated. I have closed that

contempt case today on submission of the petitioner therein that

the directions in Ext.P5 have been complied with. Therefore the

petitioner who was not a party to the writ petition in which Ext.P5

judgment was issued or to the contempt case cannot have any

subsequent grievance on the basis of those proceedings. Hence,

without prejudice to the petitioner’s right to prosecute the

aforesaid suit in accordance with law, this writ petition is

dismissed without entering on merits and leaving open all issues.

THOTTATHIL B RADHAKRISHNAN,
JUDGE

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