Petitioner challenging purported eviction from a panchayat shop sought alternative relief. Court dismissed writ petition finding petitioner no longer in possession, directing civil forum for remaining grievances.
Writ petition dismissed; petitioner directed to approach civil forum if grievances exist.
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 A.V.RAMAKRISHNA PILLAI
WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937
WP(C).No. 10281 of 2012 (I)
PETITIONER(S):
-----------------------
M.J. TYJU, AGED 40 YEARS, S/O. JOSE, MANALIPARAMBIL VEEDU, PERINGANDOOR P.O., ATHANI, MULAMKUNNATHUKAVU, THRISSUR.
BY ADV. SMT.I.S.LAILA
RESPONDENT(S):
1. STATE OF KERALA,
2. MUNDATHICODE GRAMA PANCHAYATH,
R1 BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA R2 BY ADV. SRI.SHOBY K.FRANCIS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 10281 of 2012 (I)
APPENDIX
PETITIONER(S)' EXHIBITS:
--------------------------------------
Msv/
-2-
-2-
WP(C).No. 10281 of 2012 (I)
RESPONDENT(S)' EXHIBITS:
EXT. R2(A): TRUE COPY OF THE ORDER PASSED BY THE OMBUDSMAN IN OP NO.1883/2010 DTD.22.5.2012.
//TRUE COPY//
P.S.TO JUDGE
Msv/
A.V.RAMAKRISHNA PILLAI, J.
= = = = = = = = = = = = = = = = = = Dated this the 3rd day of June, 2015
JUDGMENT
Apprehending forcible eviction of the petitioner from the
shop room belonging to the second respondent, the petitioner has come up before this Court.
WP(C)10281/12
-:2:-
since 2006 till this date. The deposit paid at the time of original allotment was also retained by the second respondent.
WP(C)10281/12
-:3:-
respondent panchayat only on 26.6.2012 and much prior to the receipt of the interim order, the petitioner has been evicted from the room. Therefore, according to the respondents, the writ petitioner has become infructuous.
As the petitioner is no longer in possession of the room, the writ petition is dismissed. If the petitioner has any subsisting
grievance, it shall be open to him to approach a competent civil forum for redressal of his grievance.
Sd/- A.V.RAMAKRISHNA PILLAI JUDGE
krj
2 issues framed by the court
Whether the writ petition is maintainable after the petitioner's alleged eviction from the shop room
Whether the petitioner was entitled to alternative accommodation in the new shopping complex
M.J. TYJU
STATE OF KERALA
MUNDATHICODE GRAMA PANCHAYATH
A.V. RAMAKRISHNA PILLAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
