Petitioner filed writ challenging revenue recovery proceedings. During pendency, Government cancelled recovery order and dropped proceedings by a subsequent order. Court closed petition noting no further relief needed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR
FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931
WP(C).No. 32573 of 2007(C)
PETITIONER(S):
A.VISWANATHAN, AGED 60 YEARS, S/O. A.UNNI PANICKER, SPECIAL GRADE PANCHAYAT SECRETARY (RETIRED), RESIDING AT KALARICKAL RUGMINI NIVAS, NEAR URBAN BANK, P.O.KOLLENGODE, PALAKKAD DISTRICT-678 506.
BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.R.JAYACHANDRAN
RESPONDENT(S):
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.NO.32573 OF 2007
APPENDIX
PETITIONER'S EXHIBITS:
| Ext.P1: | True copy of Govt. order No.G.O.(MS) No.3299/2003/LSGD |
|---|---|
| dt. 17.9.2003. |
| Ext.P2: | True copy of representation dt. 3.4.2004 by the petitioner before R2 and R3. |
|---|---|
| Ext.P3: | True copy of representation dt. 27.3.2004 by the petitioner before the President of the Panchayat. |
| Ext.P4: | True copy of letter No.A1-143/06 dt. 22.8.06 by R4 to the petitioner. |
| Ext.P5: | True copy of representation dt. 26.8.2006 by the petitioner before R4. |
| Ext.P6: | True copy of representation dt. 26.2.2007 by the petitioner before the Hon'ble Minister for Local Self Govt. |
| Ext.P7: | True copy of representation dt. 9.5.2007 by the petitioner before R2. |
| Ext.P8: |
True copy of representation dt. 9.5.2007 by the petitioner before R4. |
| Ext.P9: | True copy of letter dt. 02.8.07 by R4 to the District Collector, Palakkad. |
| Ext.P10: | True copy of notice dt. Nil by R5 issued to the petitioner. |
| Ext.P11: | True copy of representation dt.22.10.2007 by the petitioner before R5. |
RESPONDENTS' EXHIBITS:
Ext.R4(a): True copy of letter No.D437355/M dated 2.3.2006. Ext.R4(b): True copy of the communication dated 22.8.06. Ext.R4(c): True copy of the communication sent to the petitioner dated 13.9.2006.
Ext.R4(d): True copy of communication dated 12.4.2007.
Ext.R4(e): True copy of the letter dated 23.7.2007.
C.T. RAVIKUMAR, J.
W.P.(C). NO.32573 OF 2007
Dated this the 5th day of February, 2010
JUDGMENT
This Writ Petition has been filed mainly with a prayer to quash Exts.P1, P4, P9 and P10 and for consequential benefits. The petitioner has now filed
an affidavit which carries the following statement:
“2. The above writ petition is filed by me challenging the proceedings of revenue recovery initiated against me. After the filing of the above writ petition the Government of Kerala through the Local Self Government Department has passed an order G.O.(MS) No.162/10/LSGD dated 16.1.2010 cancelling the order to recover from me a sum of Rs.2,50,000/- and dropping all the revenue recovery proceedings. In the light of the above order no further relief is needed to be claimed in the above writ petition, except the costs of the above proceedings.”
Recording the above statement, the Writ Petition is closed. However,
the petitioner is not entitled to costs as sought for.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.
2
C.T. RAVIKUMAR, J.
CRL. M.C. NO.
O R D E R
3rd June, 2009
W.P.(C) NO. 3
A.Viswanathan
Secretary to Government, Local Self Government Department, Government of Kerala
Director of Panchayats, Thiruvananthapuram
Deputy Director of Panchayats, Palakkad
Nalleppilly Grama Panchayat
Deputy Tahsildar (R.R.), Chittur
C.T.Ravikumar
As recorded by the court registry
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