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2025 Supreme(Online)(Ker) 57682

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K.NARENDRAN, MR. MURALEE KRISHNA S.TH, JJ
P.Ganeshan – Appellant
Versus
The State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: SMT.A.A.SHIBI, SMT.REENA ABRAHAM
For the Respondents:SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL, SHRI.ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT, SHRI.ABRAHAM JOSEPH MARKOS, SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL, SHRI.ALEXANDER JOSEPH MARKOS, SRI.V.ABRAHAM MARKOS, SRI.ISAAC THOMAS, SRI.P.G.CHANDAPILLAI ABRAHAM, SRI.JOHN VITHAYATHIL, SRI.JAFFARKHAN Y., SR. GP

JUDGMENT

Muralee Krishna, J.

The petitioner, who is a resident of Laksham Colony in KDH village of Munnar, filed this writ petition under Article 226 of the Constitution of India seeking the following reliefs:

“(i) Issue a writ of certiorari calling for the records leading to Exts.P9, P10, P11 and P15 and quash the same so far as it is illegal and without considering the absolute right of the petitioner over his property;

(ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to consider Ext.P13 and pass orders on it without delay;

(iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 7th respondent to consider Ext.P14 and pass orders on it without delay”.

2. Going by the averments in the writ petition, the petitioner is the owner in possession and enjoyment of 1.21 Ares (3 cents) of land along with a commercial building bearing Door No. X-726, comprised in Sy No.62/28A of KDH Village. Before 1998, the above-mentioned land and building were under the possession and enjoyment of P.M. Rajamony, who had purchased the same from M/s Tata Finlay Ltd. vide sale deed No.625/82 of S.R.O. Devikulam. The

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