Court closed the writ petition as Mudakkuzha Panchayath, the ultimate beneficiary, was not impleaded, without prejudice to petitioner's rights to seek relief against it in a subsequent petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE
WEDNESDAY, THE 14TH MARCH 2007 / 23RD PHALGUNA 1928
WP(C).No. 1629 of 2007(R)
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PETITIONER:
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P.O.SEBASTIAN, S/O. OUSEPH, AGED 45 YEARS, PALLUPETTA HOUSE, AKANADU, MUDAKUZHA P.O., ERNAKULAM.
BY ADV. SRI.V.GOPIKRISHNA
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, ERNAKULAM.
3. THE TAHSILDAR, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT.
4. THE VILLAGE OFFICER, VENGOOR WEST, ERNAKULAM DISTRICT.
5. THE SECRETARY, BLOCK PANCHAYATH, KOOVAPPADY.
6. ERNAKULAM DISTRICT PANCHAYATH, REPRESENTED BY ITS SECRETARY, ERNAKULAM.
7. PRASAD, S/O. LATE PRABHAKARAN, AGED 35 YEARS, KUNNUMMEL HOUSE, AKANADU.
BY ADV. SRI.C.M.SURESH BABU for R6
SRI.RAJESH P.NAIR for R7 BY GOVT.PLEADER SMT. T.B.RAMANI for R1,R2,R3 & R4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.1629/2007 R
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | COPY OF THE LETTER DTD. 29/06/2000 SENT BY THE PETITIONER TO THE 5TH RESPONDENT. |
|---|---|
| EXT.P2: | COPY OF THE LETTER DTD. 17/05/2002 SENT BY THE PETITIONER TO THE 6TH RESPONDENT. |
| EXT.P3: | COPY OF THE LETTER DTD. 25/10/2006 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. |
| EXT.P4: | COPY OF THE REVENUE RECOVERY NOTICE DTD. 4/12/2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. |
| EXT.P5: | COPY OF THE REPRESENTATION DTD. 11/01/2007 SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT. |
/TRUE COPY/
KSS
PIUS.C.KURIAKOSE .J
W.P.(C) No.1629 of 2007
Dated this the 14th day of March 2007
JUDGMENT
I find force in the submission of the counsel for the Ernakulam
District Panchayat that the Mudakkuzha Panchayath which is the beneficiary of the Ernakulam District Panchayath, should have been made a party. This writ petition is closed without prejudice to the petitioner's right to file fresh petition, arraying the Mudakkuzha panchayath also as a
party.
PIUS.C.KURIAKOSE .JUDGE
es
P.O SEBASTIAN
STATE OF KERALA
DISTRICT COLLECTOR, ERNAKULAM
TRAIN AND TAHSILDAR, KUNNATHUNADU
VILLAGE OFFICER, VENGOOR WEST
SECRETARY, BLOCK PANCHAYATH, KOOVAPPADY
PIUS C KURIAKOSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
