ZAKKIR HUSSAIN MOHAMMED SHAFI Vs. TAHSILDAR NEYYATTINKARA TALUK

JUDGEMENT

(1.) THIS writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs:

(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 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.