IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15386 of 2009(O)
1. ZAKKIR HUSSAIN,S/O.MOHAMMED SHAFI,
... Petitioner
Vs
1. THE TAHSILDAR,NEYYATTINKARA TALUK,
... Respondent
2. THE VILLAGE OFFICER,KOTTUKAL VILLAGE,
3. THE ASST.EXECUTIVE ENGINEER,
4. SALIM,S/O.ABDUL KARIM,AGED 39,
5. TAHIRA BEEVI,D/O.SAFIA BEEVI,AGED 32,
6. SUBAIDA BEEVI,D/O.SAFIA BEEVI,AGED 48,
7. NAZEER,S/O.ABDUL KAREEM,AGED 40,
8. BEENA BEEVI,D/O.SAFIA BEEVI,AGED 44,
9. SAIFUDEEN,S/O.ABDUL KAREEM,AGED 46,
10. LATHEEF,S/O.ABDUL KAREEM,AGED 35,
11. RAMLABEEVI,D/O.SAFIA BEEVI,AGED 32,
12. ABDUL SALAM,S/O.MEERA SAHIB,AGED 50,
13. SHAMEEM,S/O.ABDUL SALAM,AGED 19,
14. SHAHANA,D/O.ABDUL SALAM,AGED 14,
15. SHAN,S/O.ABDUL SALAM,AGED 8,
16. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.VINOD J.DEV
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :04/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.15386 of 2009 - O
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Dated this the 4th day of June, 2009
J U D G M E N T
This writ petition is filed under Article 227 of the
Constitution of India seeking the following reliefs:
“i) To call for the records leading to the passing of
Ext.P1 and quash the same by issuing a writ of
certiorari or any other appropriate writ order or
direction.
ii) To issue a writ of mandamus or any other writ,
order or direction to the respondents 1 and 2 to comply
with the directions in Ext.P3 and issue mutation in
respect of property comprised in Sy.No.2/1-149 of
Kottukal Viullage.
iii) To issue a writ of mandamus or any other writ,
order or direction, directing 3rd respondent to provide
electric connection to Building No.VII/47 of
Balaramapuram Grama Panchayath.
iv) To issue appropriate direction or orders directing
the learned II Munsiff, Neyyattinkara to initiate
proceedings for perjury against 4th respondent in
respect of Ext.P1 and further direct 16th respondent to
register criminal case against 4th respondent for forgery
in respect of Ext.P10.”
W.P.(C).No.15386 of 2009 – O
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2. Petitioner claims title and possession of a shop room
comprised in one cent of property in Kottukal Village. Previously,
he had approached this Court with a writ petition seeking a writ,
order or direction against the Sub Registrar of Balaramapuram,
Tahsildar of Neyyattinkara, Village Officer of Koottukal Village,
Secretary of Balaramapuram Grama Panchayath and one Thahira
Beevi, impleading them as respondents in that petition and the
relief sought for was with respect to an application moved for
mutation of the above property in his name. This Court disposed
that writ petition by Ext.P3 judgment directing 2nd and 3rd
respondents in that writ petition, Tahsildar Neyyattinkar and
Village Officer, Kottukal Village respectively, to consider and pass
appropriate orders on the application moved by the petitioner for
mutation of the property in his name. Now the present writ
petition is filed advancing a case that on account of a suit filed by
another person who was not a party in the previous writ petition,
proceedings relating to Ext.P5 have been stalled and, further, the
suit itself is an abuse of process of court. Ext.P1 is the copy of
the plaint in the suit filed by one Salim and it is seen that
W.P.(C).No.15386 of 2009 – O
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petitioner is the 1st defendant in that suit. Whatever contentions
the petitioner has against the maintainability and also merit of
Ext.P1 plaint, being a party in the suit, he can advance before the
concerned court. This Court in exercise of a supervisory
jurisdiction under Article 227 of the Constitution of India cannot
examine whether the suit is an abuse of process of court.
The writ petition is devoid of any merit and it is dismissed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-