The single judge declared the writ petition infructuous as final orders were passed by the District Collector, treating the cause of action as exhausted and leaving the matter for remedies against the Collector.
Writ petition closed, remedy lies against final order passed by District Collector.
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 ANTONY DOMINIC THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933
WP(C).No. 12608 of 2011(A)
PETITIONERS:
BY ADV. SRI.K.T.SHYAMKUMAR
RESPONDENTS:
GOVERNMENT PLEADER SRI.GEORGE VADAKKEL
ADV. SRI.S.VINOD BHAT FOR ADDL R5
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12608 of 2011(A)
APPENDIX
PETITIONERS' EXHIBITS
P1: TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER PERTAINING TO R.S.NO:307/7 OF ARATTUPUZHA VILLAGE.
P2: TRUE COPY OF THE REPORT DATED 21.2.2009 SUBMITTED BY THE VILLAGE OFFICER, ARATTUPUZHA TO THE 2ND RESPONDENT.
P3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED 28.3.2011 ISSUED BY THE 4TH RESPONDENT.
P4: TRUE COPY OF THE REPORT DATED 13.12.2010 SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
P5: TRUE COPY OF THE REVISION PETITION DATED 10.3.2011 FILED BY PETITIONERS ALONG WITH TWO OTHERS BEFORE THE 1ST RESPONDENT.
P6: TRUE COPY OF THE INTIMATION OF INTENTION TO CARRY OUT CONSTRUCTION GIVEN BY THE PETITONER TO THE VALLACHIRA GRAMA PANCHAYATH ON 24.3.2011
P7: TRUE COPY OF THE ORDER DATED 6.4.2011 ISSUED BY THE SECRETARY, VALLACHIRA GRAMA PANCHAYATH.
P8: TRUE COPY OF THE MUNUTES OF THE MEETING OF THE PANCHAYATH COMMITTEE HELD ON 19.4.2011
RESPONDENTS' EXHIBIBITS : NIL
//True copy//
PA to Judge
ANTONY DOMINIC, J ----------------------------------------W.P(C) No. 12608 of 2011
Dated this the 29th day of September , 2011.
JUDGMENT
The writ petition was filed, seeking a direction for the disposal of Exhibit P5, filed by the petitioner before the first respondent aggrieved by Exhibit P4. According to the additional respondent, Exhibit P4 was a report made on his complaint and that in this writ petition which was filed without impleading him, an interim order was passed by this Court on 3.5.2011 on the basis of which Exhibit P5 was considered and Exhibit P4 was invalidated by the District Collector again without hearing him.
W.P(C) No. 12608 of 2011 & I.A. No.15320 of 2011
2
Therefore the writ petition is closed leaving it open to the additional respondent to seek his remedies against the order now passed by the District Collector.
Sd/-
ANTONY DOMINIC
JUDGE
rkc
//True copy//
PA to Judge
SISTER ROSA AND ANS.
THE DISTRICT COLLECTOR, THRISSUR
SUNILKUMAR
ANANTY DOMINIC
As recorded by the court registry
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