The single judge held that since the underlying civil suit was not admitted, the writ petition could not be admitted. All contentions were left open, and the petition stood closed without a final order on the merits regarding the exclusion of a road from Section 220B.
Writ petition left open on contentions and stood closed.
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 K.VINOD CHANDRAN
FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H
W.P(C).No.11806 of 2007 (E)
PETITIONER(S):-
EBRAHIMKUTTY, S/O.MYTHEEN KUNJU, RIYAZ MANZIL, KOTTIYAM JUNCTION, THAZHUTHALA VILLAGE, KOLLAM.
BY ADV. SRI.C.RAJENDRAN
RESPONDENT(S):-
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL BODIES ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM. 4. THE MAYYANADU GRAMA PANCHAYATH, MAYYANADU, KOLLAM REPRESENTED BY ITS SECRETARY.
5. SALIM, S/O.HANEEFA KUNJU, PALAVILA VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM.
6. NAZAR, S/O.HANEEFA KUNJU, PALAVILA VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM.
7. NAJEEM, S/O.HANEEFA KUNJU, PALAVILA VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM.
8. NAIZAM, S/O.HANEEFA KUNJU, PALAVILA VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM.
9. NOWSHAD, S/O.HANEEFA KUNJU, PALAVILA VEEDU, KOTTIYAM, THAZHUTHALA VILLAGE, KOLLAM. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI.P.M.SANEER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) NO.11806 OF 2007-E
APPENDIX
| PETITIONER' ----------- |
S EXHIBITS:- ------------- |
|
|---|---|---|
| EXT.P1 | TRUE PHOTOCOPY OF THE | [ETITION DT.24.11.2005. |
| EXT.P2 | TRUE PHOTOCOPY OF THE | PLAINT DT.21.11.05. |
| EXT.P3 | TRUE PHOTOCOPY OF THE | INJUNCTION ORDER. |
| EXT.P4 | TRUE PHOTOCOPY OF THE | SAID PETITION DTG.21.01.06. |
| EXT.P5 | TRUE PHOTOGRAPH SHOWIN AND THE PROPERTY OF TH NOS.5 TO 9. |
G THE KOTTIYAM-NSS COLLEGE ROAD E PETITIONER AND THE RESPONDENT |
| EXT.P6 | TRUE PHOTOCOPY OF THE WRITTEN STATEMENT. |
SAID COUNTER CLAIM AND |
| EXT.P7 | TRUE PHOTOCOPY OF THE | COMMISSION REPORT. |
| EXT.P8 | TRUE PHOTOCOPY OF THE | CERTIFICATE. |
| EXT.P9 | TRUE PHOTOCOPY OF THE | ORDER DT.16.10.2006. |
| EXT.P10 | TRUE PHOTOCOPY OF THE THE 4TH RESPONDENT. |
RECEIPT ISSUED IN THE LETTER PAD OF |
RESPONDENT'S EXHIBITS:-
-----------------------NIL.
Vku/- true copy -
K. Vinod Chandran, J
---------------------------------------W.P.(C) No.11806 of 2007-E
Dated this the 03rd day of June, 2016
JUDGMENT
The petitioner in the writ petition, filed in the year
2007, is aggrieved by the exclusion of the Kottiyam - NSS College road from the purview of Section 220B of the Kerala Panchayat Raj Act, 1994 and non-implementation of the Building Rules in the
4th respondent, Grama Panchayat, which is a Special Grade Panchayat.
In such circumstances, leaving open all contentions, the writ petition would stand closed.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]
1 issue framed by the court
Whether to admit the petition as it was not yet admitted below.
1 provisions across 1 enactments
Ebrahimkutty
State of Kerala
District Collector, Kollam
Deputy Director of Panchayath, Kollam
Mayyanadu Grama Panchayat, Kollam
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
