The High Court of Kerala dismissed a writ petition challenging an order dated 08.05.2009 which stated the petitioner was not heard. The Court found no merit in the contention that the petitioner was not heard and held that no document established petitioner's ownership of the land through which a line was drawn.
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 B.P.RAY
MONDAY, THE 6TH DAY OF FEBRUARY 2012/17TH MAGHA 1933
WPC.No. 18117 of 2009 (H) -------------------------
PETITIONER(S):
CHAKRADHARAN, S/O.VELAYUDHAN, THOTTUMKARA THAZHATHU, POOTHOTTA P.O., ERNAKULAM.
BY ADV. SRI.ASWIN GOPAKUMAR
RESPONDENT(S):
R,R2 & 3 BY SRI.P.P.THAJUDEEN, SC, K.S.E.B R,R6 BY SRI.VIJU THOMAS R,R6 BY SMT.M.MEENA JOHN R,R7 BY SRI.SHAJI P.CHALY R,R2,4 BY SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.No. 18117 of 2009 (H)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | COPY OF THE JUDGMENT DATED 13.1.1997 RENDERED BY THIS HON'BLE COURT IN O.P.NO.16077/96 |
|---|---|---|
| EXT.P2 | : | COPY OF THE NOTICE DATED 27.09.2008 SENT ON BEHALF OF THE PETITIONER TO THE THIRD RESPONDENT |
| EXT.P3 | : | COPY OF THE APPLICATION DATED 30.10.2008 MADE BY THE PETITIONER UNDER THE RTI ACT, 2005. |
| EXT.P4 | : | COPY OF THE APPLICATION DATED 07.11.2008 MADE BY THE PETITIONER UNDER THE RTI ACT,2005 |
| EXT.P5 | : | COPY OF THE LETTER DATED 12.11.2008 ISSUED BY THE VILLAGE OFFICER IN RESPONSE TO EXT.P3. |
| EXT.P6 | : | COPY OF THE APPEAL DATED 16.12.2008 PREFERRED BY THE PETITIONER UNDER THE RTI ACT, 2005. |
| EXT.P7 | : | COPY OF THE LETTER DATED 06.06.2009 ISSUED BY THE ASSISTANT THAHSILDAR, KANAYANNUR TALUK IN RESPONSE TO EXT.P4. |
| EXT.P8 | : | COPY OF THE REPRESENTATION DATED 11.05.2009 MADE BY THE PETITIONER UNDER SECTION 16 OF THE INDIAN TELEGRAPH ACT, 1885. |
| EXT.P9 | : | COPY OF THE ORDER DATED 08.05.2009 PASSED BY THE 5TH RESPONDENT. |
| **EXT.R4(a) ** | **: ** | COPY OF THE ROUGH SKETCH OF THE ROUTE. |
| **EXT.R6(a) ** | **: ** | COPY OF THE RELEVANT PAGE OF THE RATIO CARD WITH HOUSE NO.544 OF UDAYAMPEROOR PANCHAYAT ISSUED ON 28.11.1988 |
| **EXT.R6(b) ** | **: ** | COPY OF THE POSSESSION CERTIFICATE DATED 20.02.2009 ISSUED BY THE THAHSILDAR, KANAYANNUR TALUK |
| **EXT.R6(c) ** | **: ** | COPY OF THE CERTIFICATE NO.3985/06 DATED 18.09.2006 ISSUED BY VILLAGE OFFICER, MANAKUNNAM. |
| **EXT.R6(d) ** | **: ** | COPY OF THE RENEWED RATION CARD ISSUED ON 2401202008. |
//TRUE COPY//
P.A. TO JUDGE
sou.
sou.
B.P.RAY, J
------------------------------------W.P.(C).No. 18117 OF 2009 ----------------------------------------Dated 6th February, 2012 J U D G M E N T
Heard learned counsel for petitioner. Petitioner filed this writ petition challenging Ext.P9 order, where in it is specifically stated that petitioner was not heard before Ext.P9 order was passed.
This writ petition is dismissed.
Sou.
P.A. to Judge
2 issues framed by the court
Whether the petitioner was heard before the impugned order was passed.
Whether the respondent could rely on the land being a puramboke land and a pathway.
Chakradharan
State of Kerala
Kerala State Electricity Board
District Collector, Ernakulam
Assistant Executive Engineer, KSEB
Additional District Magistrate, Ernakulam
B.P. RAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
