Joint petitioners sought closure of writ petitions. The court closed both writ petitions since petitioner's grievance was redressed by a Government Order, leaving all contentions open for future adjudication.
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
TUESDAY, THE 5TH DAY OF JULY 2016/14TH ASHADHA, 1938
WP(C).No. 13581 of 2011 (W)
PETITIONER:
JASMINE XEVIOR M.L. S/O.MUTHAYAN NADAR, ANTO BHAVAN, MOOLYTHARA PAMPUKALA, PUTHIYATHURA P.O., KARUMKULAM VILLAGE NEYATINKARA TALUK, THIRUVANANTHAPURAM.
BY ADV.SRI.MILLU DANDAPANI
RESPONDENTS:
1. THE KARUMKULAM GRAMA PANCHAYAT PUTHIYATHURA P.O., THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS SECRETARY, PIN-695 001.
BY ADVS. SRI.PIRAPPANCODE V.S.SUDHIR R,R1 BY ADV. SRI.N.UNNIKRISHNAN RR-R1 BY ADV. SRI.R.T.PRADEEP RR-R BY ADV. SRI.P.BIJIMON
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-07-2016, ALONG WITH WPC. 27141/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 13581 of 2011 (W)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, DATED 15.03.2010. |
|---|---|
| EXT.P2 | COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO SRI.THOMAS PURSUANT TO EXT.P1 DATED 17.03.2010. |
| EXT.P3 | - COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 03.05.2010. |
| EXT.P3(A) | - COPY OF THE ACKNOWLEDGMENT CARD DATED 03.05.2010 IN RECEIPT OF EXT.P3. |
| EXT.P4 | - COPY OF THE ORDER IN APPEAL NO.414/2010 DATED 15.06.2010. |
| EXT.P5 | - COPY OF THE PROVISIONAL ORDER NO.A2.2272/2010 DATED 12.08.2010 ISSUED BY THE RESPONDENT. |
| EXT.P6 | - COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 08.09.2010. |
| EXT.P7 | - COPY OF THE ORDER NO.A2-2272/2010 DATED 20.12.2010 ISSUED BY THE RESPONDENT. |
| EXT.P8 | - COPY OF THE APPEAL NO.75/2011 SUBMITTED BY THE PETITIONER BEFORE THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS. |
| EXT.P9 | - COPY OF ORDER IN APPEAL NO.75/2011 DATED 08.04.2011. |
| EXT.P10 | - COPY OF NOTICE NO.A2-2272/10 DATED 26.04.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. |
| EXT.P11 | - COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE PANCHAYAT COMMITTEE DATED 21.06.2010. |
| EXT.P12 | - COPY OF THE REPORT SUBMITTED BY THE ASST. ENGINEER, LSGD SECTION, KARUMKULAM GRAMA PANCHAYAT TO THE RESPONDENT. |
| EXT.P12(A) | - COPY OF THE SKETCH SUBMITTED BY THE ASST.ENGINEER OF THE PANCHAYAT. |
| EXT.P13 | - COPY OF THE RE-SURVEY PLAN IN RSPECT OF THE PROPERTY COMPRISED IN SURVEY NO.235/19. |
| EXT.P14 | - COPY OF THE PHOTOGRAPHS SHOWING THE PETITIONER'S BUILDING AND THE 2 STORIED BUILDING CONSTRUCTED BY SRI.THOMAS. |
| EXT.P15 | - COPY OF THE REPLY DATED 01.02.2011 ISSUED BY THE RESPONDENT TO THE PETITIONER. |
| EXT.P16 | - COPY OF THE GOVERNMENT ORDER NO.1001/2016/LSG DATED 02.03.2016 PASSED BY JOINT SECRETARY TO THE LSG DEPARTMENT. |
| EXT.P17 | - COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 10.03.2016. |
| EXT.P18 | - COPY OF THE COUNTER FOIL CHALAN DATED 08.03.2016. |
[CONTD....]
WP(C).No. 13581 of 2011 (W)
2
RESPONDENTS EXHIBITS:
| EXT.R1(A) | - | COPY OF LETTER NO.1/AE/LSGD/2012 DATED 12.06.2012. |
|---|---|---|
| EXT.R1(B) | - | COPY OF NOTICE NO.A2-2320/2010 DATED 17.03.2010. |
| EXT.R1(C) | - | COPY OF ORDER DATED 29.03.2012 IN APPEAL NO.42/2012. |
| EXT.R1(D) | - | COPY OF LETTER NO.A2.2320/2012 DATED 23.06.2012. |
| EXT.R1(E) | - | COPY OF REPLY DATED 11.07.2012. |
| EXT.R1(F) | - | COPY OF LETTER NO.A2.2320/2012 DATED 17.07.2012. |
| EXT.R2(A) | - | COPY OF THE JUDGMENT DATED 19.03.2010 OF THIS COURT IN WP(C) NO.9283/2010. |
//TRUE COPY//
P.A. TO JUDGE
sp
K. VINOD CHANDRAN, J.
W.P(C). Nos.13581-W & 27141-P of 2011 ---------------------------------Dated this the 5th day of July, 2016
JUDGMENT
The learned counsel for the petitioners submits that the grievance has been redressed in so far as G.O. No.1001/2016/LSG dated 02.03.2016 passed by the Joint Secretary to the LSG Department [produced as Ext.P16 in WP(C) No.13581 of 2011] has been issued. The learned counsel appearing for the respondents submits that the respondents want to challenge Ext.P16.
Accordingly, both the writ petitions would stand closed, leaving open all contentions of either parties.
Sd/-
K. VINOD CHANDRAN, JUDGE. //True Copy//
P.A. to Judge.
sp/05/07/16
JASMINE XEVIOR M.L. S/O.MUTHAYAN NADAR
THE KARUMKULAM GRAMA PANCHAYAT PUTHIYATHURA P.O., THIRUVANANTHAPURAM DISTRICT
K. THOMAS
K.VINOD CHANDRAN
As recorded by the court registry
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