In a writ petition filed by P.M. Narayanan seeking return of documents and discharge from liability regarding a House building Advance, the Kerala High Court dismissed the petition as not pressed citing a petitioner's application to withdraw it.
Petitioner's applications to withdraw the writ petition; writ petition dismissed as not pressed.
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 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940
WP(C).No. 21849 of 2015
PETITIONER/S:
P.M. NARAYANAN, AGED 66 YEARS, S/O.SANKARAKURUP, SAGAM ONCHIYAM, CHOMBALA, VATAKARA THALUK
BY ADV. SRI.ZUBAIR PULIKKOOL
RESPONDENT/S:
1 THE SUPERINTENDANT OF POLICE, KOZHIKODE RURAL, VADAKARA, KOZHIKODE DIST, PIN: 673 101.
R1 TO R4 BY ADV. SMT. K.M. RESMI, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21849 of 2015 2
JUDGMENT
This writ petition is filed by the petitioner seeking the following reliefs:-
“(i) To issue a Writ of Mandamus or any other writ order or direction, directing the respondents to return the title deed and other documents submitted by the petitioner at the time of availing the House building Advance.
(ii) To declare that the petitioner is not bound to pay any amount to the respondents on account of the House Building Advance availed by the petitioner.
(iii) To issue any other order or direction to the respondents which this honourable court may deem fit and proper to meet the ends of justice.”
press memo is filed by the petitioner seeking permission to withdraw the writ petition.
Therefore, the writ petition is dismissed as not pressed.
Sd/- SHAJI P.CHALY
JUDGE
uu 20.03.2019
WP(C).No. 21849 of 2015 3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE LETTER ADDRESSED TO 1ST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE LETTER RECEIVED BY THE PETITIONER DATED 24/2/2009. EXHIBIT P3 TRUE COPY OF THE LETTER FROM ACCOUNTANT GENERAL, KERALA ADRESSED TO THE SP, KOZHIKODE RURAL DATED 17/2/2010.
EXHIBIT P4(A) TRUE COPY OF THE LETTER SENT BY THE PETITIONER EXHIBIT P4(B) TRUE COPY OF THE VALUATION CERTIFICATE EXHIBIT P5 A TRUE COPY OF THE LETTER FROM THE 3RD RESPONDENT DATED 13/3/2012. EXHIBIT P6 A LETTER SENT BY THE PETITIONER ADDRESSED TO CHIEF MINISTER OF KERALA DATED 10/4/2012. EXHIBIT P7 A TRUE COPY OF COMMUNICATION RECEIVED BY THE PETITIONER FROM THE PRINCIPAL SECRETARY (FIN), GOVERNMENT OF KERALA EXHIBIT P8 A TRUE COPY OF THE FORWARDING LETTER OF THE DGP, TO THE PRINCIPAL SECRETARY (FIN)
RESPONDENT'S EXHIBITS:-
ANNEXURE R1(a) TRUE COPY OF THE PROCEEDINGS DATED 19.11.1987 ANNEXURE R1(b) TRUE COPY OF THE APPLICATION DATED 01.08.2011 ANNEXURE R1(c) TRUE COPY OF THE LETTER DATED 08.08.2011 OF THE ACCOUNTANT GENERAL ANNEXURE R1(d) TRUE COPY OF THE LETTER DATED 08.08.2012 OF DISTRICT POLICE CHIEF. KOZHIKODE RURAL ANNEXURE R1(e) TRUE COPY OF THE LETTER DATED
WP(C).No. 21849 of 2015 4
01.08.2012 OF STATE POLICE CHIEF ANNEXURE R1(f) TRUE COPY OF THE RELEVANT PAGE OF LONG ROLL
ANNEXURE R1(g) TRUE COPY OF TEH PETITION OF SRI. P.M.NARAYANAN DATED 15.11.2008 ANNEXURE R1(h) TRUE COPY OF THE LETTER DATED 24.02.2009 OF DISTRICT POLICE CHIEF, KOZHIKODE RURAL
ANNEDURE R1(i) TRUE COPY OF THE DECLARATION DATED 10.12.2004 FURNISHED BY SRI. P.M. NARAYANAN
//TRUE COPY//
P.A. TO JUDGE
P.M. NARAYANAN
THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL
THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM
THE PRINCIPAL ACCOUNTANT GENERAL, TRIVANDRUM
THE STATE OF KERALA
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
