Petitioners sought to quash an order regarding maintenance works in Munnar. Upon the filing of an application to withdraw the petition, permission to withdraw was granted and the writ petition was dismissed as withdrawn.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935
WP(C).No. 23273 of 2013 (H)
PETITIONER(S):
1. P.R.SETHU,S/O. PARUSAPULI, AGED 73 YEARS, MEENAMBIKKAI FINANCE, G.H.ROAD, MUNNAR, IDUKKI DISTRICT
2. N.SOMASUNDARAM, AGED 63 YEARS, S/O.V.R.NACHYAPPAN, SAKTHI FINANCE, MUNNAR, IDUKKI DISTRICT.
3. S. DHANASELVAN, AGED 46 YEARS, S/O.SAHADEVA NADAR, NEW COLONY, MUNNAR, IDUKKI DISTRICT.
4. K.P.JOSE, S/O. K.A.PAILY, AGED 62 YEARS, KOOTTICKAL HOUSE, NALLATHANNY ROAD, MUNNAR, IDUKKI DISTRICT.
5. K.KUMAR, S/O.KALI PANDY, AGED 39 YEARS, M.P.K.TADERS, G.H.ROAD, MUNNAR, IDUKKI DISTRICT.
BY ADVS.SRI.N.K.KARNIS
SRI.LATHEESH SEBASTIAN
RESPONDENT(S):
2. THE TAHSILDAR, TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT-678612
3. THE VILLAGE OFFICER, K.D.H.VILLAGE, MUNNAR, IDUKKI DISTRICT-685612
4. THE MUNNAR GRAMA PANCHAYAT, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, MUNNAR GRAMA PANCHAYAT, MUNNAR, IDUKKI DISTRICT-685612
R4 BY ADV. SRI.JOICE GEORGE,SC,MUNNAR GRAMA PANCHA R1,R2,R3 BY SR.GOVERNMENT PLEADER SRI.JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23273 of 2013 (H)
APPENDIX
PETITIONER(S)' EXHIBITS & ANNEXURES:
EXHIBIT P1 COPY OF THE OWNERSHIP CERTIFICATE OF THE IST PETITIONER
EXHIBIT P2 COPY OF THE MONEY LENDING LICENCE OF THE 2ND PETITIONER
EXHIBIT P3 COPY OF THE PROFESSIONAL TAX RECEIPT OF THE 2ND PETITIONER
EXHIBIT P4 COPY OF THE LICENCE OF THE STATIONERY SHOP OF THE 3RD PETITIONER
EXHIBIT P5 COPY OF THE LICENCE FEE RECEIPT OF THE 4TH PETITIONER EXHIBIT P6 COPY OF THE OWNERSHIP CERTIFICATE OF THE 5TH PETITIONER
EXHIBIT P7 COPY OF THE APPLICATIOMN FOR MAINTENANCE OF THE 2ND PETITIONER
EXHIBIT P8 COPY OF THE PROPOSED MAINTANANCE PLAN OF THE 2ND PETITIONER
EXHIBIT P9 COPY OF THE PROPOSED MAINTENANCE PLAN OF THE IST PETITIONER
EXHIBIT P10 COPY OF THE PROPOSED MAINTENANCE PLAN OF THE 3RD PETITIONER
EXHIBIT P11 COPY OF THE PROPOSED MAINTENANCE PLAN OF THER 4TH PETITIONER
EXHIBIT P12 COPY OF THE PROPOSED MAINTENANCE PLAN OF THE 5TH PETITIONER
EXHIBIT P13 COPY OF THE MAINTENANCE PERMISSION OF THE 4TH RESPONDENT TO THE IST PETITIONER
EXHIBIT P14 COPY OF THE MAINTENANCE PERMISSION OF THE 4TH RESPONDENT TO THE 2ND PETITIONER
EXHIBIT P15 COPY OF THE MAINTENANCE PERMISSION OF THE 4TH RESPONDENT TO THE 3RD PETITIONER
EXHIBIT P16 COPY OF THE MAINTENANCE PERMISSION OF THE 4TH RESPONDENT TO THE 4TH PETITIONER
EXHIBIT P17 COPY OF THE MAINTENANCE PERMISSION OF THE 4TH RESPONDENT TO THE 5TH PETITIONER
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WP(C).No. 23273 of 2013 (H)
EXHIBIT P18 COPY OF THE ORDER DATED 14/9/2013 OF THE 2ND RESPONDENT TO THE PETITIONERS
EXHIBIT P19 COPY OF THE REPRESENTATION OF THE IST PETITIONER TO THE IST RESPONDENT
EXHIBIT P20 COPY OF THE REPRESENTATION OF THE 2ND PETITIONER TO THE IST RESPONDENT
EXHIBIT P21 COPY OF THE REPRESENTATION OF THE 3RD PETITIONER TO THE IST RESPONDENT
EXHIBIT P22 COPY OF THE REPRESENTATION OF THE 4TH PETITIONER TO THE IST RESPONDENT
EXHIBIT P23 COPY OF THE REPRESENTATION OF THE 5TH PETITIONER TO THE IST RESPONDENT
ANNEXURE I: A TRUE COPY OF THE ORDER OF A DIVISION BENCH OF THE HON'BLE COURT IN W.P.(C)1801/2010 DATED 21.01.2010
ANNEXURE II: A TRUE COPY OF THE JUDGMENT OF THE HON'BLE COURT IN W.P.(C) 3516/2013 DATED 4.3.2013
RESPONDENT(S)' EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE.
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P.R. RAMACHANDRA MENON, J.
W.P.(C)No. 23273 OF 2013
Dated this the 20th November, 2013
J U D G M E N T
The petitioners have approached this Court with the following prayers:
i) Call for the entire records relating to Exts.P1 to P23 from the respondents
ii)quash Ext.P18 by a writ of certiorari or any other writ or direction;
iii) issue a writ of mandamus or any other writ or order or direction directing the respondents 1 to 3 not to interfere in the maintenance works of the petitioners in Building bearing Nos.IX/2862, IX/2863, IX/3379, IX/3382 and IX/3381 (Beed Muthaiach Building) of Munnar Grama Panchayat on the basis of Exts. P8 to P17.
iv) Such other relief that this Honourable Court may deem fit to render justice to the petitioner.”
2. The second respondent has filed a statement pointing
out the factual particulars. Paragraphs 2 and 3 of the Statement read as follows:
2
W.P.(C)No. 23273 OF 2013
“ It is submitted that the above writ petition is filed without obtaining No Objection Certificate from the Revenue Department in respect of the constructions that are being carried out over the land. It is further submitted that the Division Bench of this Hon'ble Court by order dated 21.01.2010 in W.P.(C)No..1801/2010 had directed that no construction activity could be carried out in Munnar without No Objection Certificate from the Revenue Department. A true copy of the order of a Division Bench of this Hon'ble Court in WP.(C)1801/2010 is produced herewith and may be marked as Annexure-I.
It is submitted that under the guise of repairs, the attempt of the petitioner is to build pucca construction making it difficult for the revenue officials to evict encroachments over Government lands. The illegality of the occupation of the lands in question is liable to be further enquired. No document of title has been produced by the petitioners in respect of the land in question. It is submitted that by judgment dated 04.03.2013 in W.P.(C) No. 3516/2013, this Hon'ble Court had held that even for minor repairs, the occupants had to obtain No Objection Certificate as directed by the Division Bench of this Hon'ble Court. A
W.P.(C)No. 23273 OF 2013
3
true copy of the judgment of this Hon'ble Court in W.P.(V) 3516/2013 dated 04.03.2013 is produced herewith and may be marked as Annexure-II. ”
In view of the turn of events, the petitioners have filed I.A.No.15461 of 2013 seeking for permission to withdraw the writ petition without prejudice to the rights and liberties of the petitioners to file a fresh writ petition incorporating appropriate pleadings and prayers. Permission is granted. The writ petition is dismissed as withdrawn.
P.R.RAMACHANDRA MENON JUDGE
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P.R. Sethu and Others
The Revenue Divisional Officer Devikulam
P.R. Ramachandra Menon
As recorded by the court registry
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