Back
2022 Supreme(Online)(KER) 29030
HIGH COURT OF KERALA
T. R. Ravi, J
MOHAMED KOYA U.K., – Appellant
Versus
PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, – Respondent
WP(C)/37253/2022
T.T.MUHAMOOD, A.RENJIT, V.E.ABDUL GAFOOR, A.MOHAMMED SAVAD, NAZEER HUZAIN, H T.R.VISHNU, SMT.C.S.SHEEJA, SRI.LEJO JOSEPH GEORGE, SRI.B.G.BIDAN CHANDRAN, SRI.JAMSHEED HAFIZ
A higher court should not intervene in matters already under the jurisdiction of a lower court, emphasizing judicial respect for ongoing proceedings.
Headnote:
Judgment - Writ Petition - LAC No.69 - Summary of Proceedings
Fact of the Case:
The petitioner approached the court regarding a matter linked to LAC No.69, which was already under consideration by the District Court, Kasargode. The Government Pleader indicated that the issue had been referred to the district court for resolution.
Finding of the Court:
The court determined it was inappropriate to intervene while the matter was pending before the District Court. It directed that the petitioner should seek resolutions from the District Court within a specified time frame.
Issues: Whether the High Court should intervene in a matter that is already pending before the District Court.
Ratio Decidendi: The principle established is that when a case is pending before a lower court, the higher court should refrain from taking actions that might interfere with the lower court’s ongoing proceedings.
Final Decision: The writ petition is disposed of with directions to the District Court, Kasargode.
JUDGMENT
When the case is taken up today, the Government Pleader on instructions submits that the issue has been referred to the District Court, Kasargode in LAC No.69 with which this writ petition is concerned and has already been numbered as LAR No.52/2022.
Since the matter is already pending before the District Court, Kasargode, it is not proper for this Court to direct payment. The petitioner may hence approach the District Court, Kasargode and seek necessary orders. If applications are filed, the District Court, Kasargode shall consider the same and pass orders at the earliest, at any rate within four months from the date of receipt of the same.
The writ petition is disposed of. Registry shall communicate this order to the District Court, Kasargode.
Sd/-
T.R.RAVI JUDGE mpm APPENDIX OF WP(C) 37253/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MALAYALAM TRANSLATED KANNADA TITLE DEED NO.1293/1983 DATED
06.09.1983.
Exhibit P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 26.05.2018.
Exhibit P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 20.12.2021.
Exhibit P4 TRUE COPY OF THE POSSESSION AND NON -
ATTACHMENT CERTIFICATE DATED 20.12.2021.
Exhibit P5 TRUE COPY OF THE PROPERTY TAX/BUILDING TAX RECEIPT, SHOWING THE REMITTANCE OF BUILDING TAX/PROPERTY TAX FOR THE YEAR 2011-12.
Exhibit P5 (A) TRUE COPY OF THE PROPERTY TAX/BUILDING TAX RECEIPT SHOWING THE REMITTANCE OF BUILDING TAX/PROPERTY TAX FOR THE YEAR 2008-09.
Exhibit P6 TRUE COPY OF THE LAND TAX RECEIPT FOR 2018-
19 DATED 28.05.2018.
Exhibit P7 TRUE COPY OF THE AWARD IN LAC NO.69/UDYAVAR VILLAGE PASSED BY THE 3RD RESPONDENT ON
28.10.2021.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 28.10.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit P9 TRUE COPY OF THE LETTER DATED 03.08.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit P10 TRUE COPY OF THE LETTER NO.A5/996/2021 DATED 18.01.2022 OF THE 5TH RESPONDENT ADDRESSED TO THE 3RD RESPONDENT.
