LAWS(KER)-2012-9-292

V.RAVEENDRAN Vs. CITY POLICE COMMISSIONER

Decided On September 24, 2012
V.RAVEENDRAN Appellant
V/S
DAMODARAN NAIR Respondents

JUDGEMENT

(1.) THIS writ petition is filed seeking the following reliefs :

(2.) BRIEFLY put, the case of the petitioner is as follows :- The property more particularly described in the schedule in Ext.P3 produced herewith originally belonged to Tali Devaswom from whom by virtue of Registered Document No.394/1929 of Kozhikode S.R.O., the property was taken on lease by the petitioner's predecessor Vellappali Kumaran. Thereafter, the said Kumaran gifted the property in favour of son Sri.Ramachandran as per registered assignment deed bearing No.309/1933 of Kozhikode S.R.O. Subsequent to the death of Ramachandran, the aforesaid, the property devolved upon his wife Devayani, children by name Rani Ratnam, Reena Ratnam, Ratnakumar, Reeja Ratnam, Rajitha Ratnam, Ranjith Baiju and Rekha Ratnam, who in turn had assigned the property in favour of petitioner by virtue of Jenmam Assignment Deed bearing No.266/2004 of Kozhikkode S.R.O. While in enjoyment and possession of the property, the petitioner obtained purchase certificate for the scheduled property in Ext.P3 bearing No.2/2006 in proceedings bearing No : S.M.C.127/2004 of Kozhikode Land Tribunal. Thus the petitioner is in absolute enjoyment and possession of plaint schedule property. Except the petitioner no other persons have any manner of right over the schedule property in Ext.P3.

(3.) WE heard the learned Senior Counsel for the petitioner. After perusing the pleadings and after hearing the learned Senior Counsel we are not inclined to take a view that it is a petition which should be entertained under Article 226 of the Constitution of India.