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K.K.Balakrishnan

High Court Of Kerala|07 October, 2014
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JUDGMENT / ORDER

Thottathil B. Radhakrishnan, J.
These writ petitions are filed by one K.K.Balakrishnan. He claims that he is a sharer of an item of property over which there is a disputed title as reflected in the proceedings in DBP No.116 of 2012, which was registered on the basis of a complaint by Sri. A.A.Gopalakrishnan. It contains a report of the Ombudsman for the Travancore-Cochin Devaswom Boards as well. The stand taken by the State Revenue is evident in those proceedings. Under such circumstances, any person having any objection or grievance about the proceedings in that case has to express his objection in such proceedings. We may also note that K.K.Balakrishnan, who has instituted the captioned writ petitions, has himself sworn to an affidavit in relation to matters in DBP No. 116 of 2012. We are, therefore, of the firm view that duplication of the proceedings would clog the judicial process and such multifarious proceedings are not necessary when reliefs can be sought for from DBP No. 116 of 2012. The stand taken by the Cochin Devaswom Board and the State Government authorities is that measurements were only for the purpose of determining the extent and no dispossession will be done except in accordance with the decision that would be rendered in DBP No.116 of 2012. Eight persons mentioned in paragraph 5 of the affidavit sworn to by the Junior Superintendent, Land Reforms Section, Collectorate, Ernakulam, on 2nd July 2012 in DBP No.116 of 2012 were issued notices from those proceedings. Therefore, those persons as well as persons claiming under or along with them have to participate, if they need so, in the proceedings in DBP No.116 of 2012 for redressal of their grievances or objections.
In the result, it is ordered as under:
i) W.P.(C)No.21627 of 2013 will stand closed recording the submission that no dispossession will be effected without further orders in DBP No. 116 of 2012 or as may be further directed in that case. The direction given through the interim orders in W.P.(C) No.21627 of 2013 that status quo shall be maintained and measurements can be taken would stand affirmed hereby.
ii) W.P.(C)No.23778 of 2014 is ordered directing that the police will ensure that law and order is maintained and any apprehension or report of cognizable offence is dealt with in accordance with law.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE ks. True copy Sd/-
BABU MATHEW P. JOSEPH JUDGE P.S.To Judge
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Title

K.K.Balakrishnan

Court

High Court Of Kerala

JudgmentDate
07 October, 2014
Judges
  • Thottathil B Radhakrishnan
  • Babu Mathew P Joseph
Advocates
  • T Krishnan Unni
  • Smt Meena A
  • Smt Meena A