Petitioner filed a writ petition to quash a stop order and seek permission to construct a water channel. The court held the petition infructuous as construction was already completed, noting the petitioner had proceeded despite a village officer's memo after an interim court order. The court left open any residual illegality.
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 SHAJI P.CHALY
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
WP(C).No. 5444 of 2018
PETITIONER
GEORGE
S/O PAULO, AGED 73 YEARS, THALIYATH HOUSE, PUTHENPALLI, VARAPUZHA, PRESENTLY RESIDING AT THALIYATH HOUSE, THRIKANARVATTOM MURI, K.K PADMANABHAN ROAD, ERNAKULAM NORTH, .
BY ADV.SMT.O.H.NAZEEBA
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5444 of 2018 (E)
APPENDIX
PETITIONER'S EXHIBITS
| EXHIBIT P1 |
TRUE COPY OF THE SALE DEED IN FAVOR OF THE PETITIONER DATED 11.10.1955. |
|---|---|
| EXHIBIT P2 |
TRUE COPY OF THE LATEST TAX PAID RECEIPT OF THE PROPERTIES OF THE PETITIONER. |
| EXHIBIT P3 |
TRUE COPY OF THE LOCATION SKETCH IN RESPECT OF THE PROPERTIES OF THE PETITIONER. |
| EXHIBIT P4 |
TRUE COPY OF THE PROCEEDINGS OF THE VARAPUZHA GRAMA PANCHAYATH DATED 24.1.2018 BEARING NO.72(5) |
| EXHIBIT P5 |
TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE WATER CHANNEL AND THE RESIDUAL PROPERTIES OF THE PETITIONER. |
| EXHIBIT P6 |
TRUE COPY OF THE EXTRACT OF THE BASIC TAX REGISTER OF THE PROPERTY OF THE PETITIONER. |
| EXHIBIT P7 |
TRUE COPY OF THE MEMO NO.14/2018 DATED 15.1.2018 ISSUED BY THE 4TH RESPONDENT. |
RESPONDENT'S EXHIBITS: NIL
smv
//true copy//
P.A. To Judge
SHAJI P. CHALY, J.
W.P.(C) No.5444 of 2018
Dated this the 11th day of July, 2018
J U D G M E N T
This writ petition is filed by the petitioner seeking the
following reliefs:
a construction, which was directed to be stopped by the Village Officer as per Ext.P7 order. It is also the case of the petitioner that, the work was carried out in accordance with Ext.P4 decision taken by the Panchayat dated 24.1.2018.
W.P.(C) No. 5444 of 2018
2
the stop memo issued by the Village Officer, the 4th respondent will be at liberty to pursue further action in accordance with law.
Sd/- SHAJI P. CHALY JUDGE
smv 11.7.2018
George
The State of Kerala
The Varapuzha Grama Panchayath
The Secretary Varapuzha Grama Panchayath
The Village Officer
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
