V.K.Gowreeshan, v. State of Kerala
Case brief
What is this about?
Two writ petitions challenging Government Orders permitting filling a water body to construct a police station were closed when the impugned orders were withdrawn by the Government.
Two writ petitions challenging Government Orders permitting filling a water body to construct a police station were closed when the impugned orders were withdrawn by the Government.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WP(C).No.4539 OF 2019(N)
PETITIONER:
V.K.GOWREESHAN, AGED 40 YEARS S/O.T.K. KRISHNAN, GOWREESHABHAVANAM, CHANDIROOR P.O, PIN-688537, AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.
BY ADV. SRI.SAKIR.K.H.
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.
4 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688001.
WP(C).Nos.4539/2019(N) & 4677/2018
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R1-8 BY SRI.K.V.SOHAN, STATE ATTORNEY R9 BY ADV. DR.V.N.SANKARJEE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, ALONG WITH WP(C).4677/2018(H), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).Nos.4539/2019(N) & 4677/2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941
WP(C).No.4677 OF 2018
PETITIONER:
P.R.SHAHAN AGED 61 YEARS, S/O.RAVEENDRAN, PUTHENTHARA NIKATHIL, WARD NO.22, AROOR PANCHAYATH, AROOOR, ALAPPUZHA DISTRICT
BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN
RESPONDENTS:
R1 BY ADV. DR.V.N.SANKARJEE R2-5 BY SRI.K.V.SOHAN, STATE ATTORNEY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2019, ALONG WITH WP(C).4539/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.4539/2019(N) & 4677/2018
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JUDGMENT
These writ petitions have been filed by the petitioners challenging two Government Orders, as per which, permissions have been granted by the competent Authority to fill up a water body so as to construct a police station.
Even though there are various allegations and averments in these writ petitions, it may not be necessary for tis Court to delve into it in detail any more, since the learned Government Pleader appearing on behalf of the official respondents in both the cases, submits that a memo has been filed on record, wherein the impugned Government Orders have been withdrawn.
In the afore circumstances, I close these writ petitions recording the submissions of the learned Government Pleader that the orders impugned herein have been withdrawn.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
nak
WP(C).Nos.4539/2019(N) & 4677/2018
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APPENDIX OF WP(C) 4539/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOGRAPHS(TWO IN NUMBER) OF ERIYAKULAM, EXHIBIT P2 TRUE COPY OF LETTER DATED 02.01.2013 NO.A3-18129/2011/LDIS TOGETHER WITH COPY OF G.O.(RT) NO.2050/2012/AGRICULTURE DATED 12.10.2012.
EXHIBIT P3 TRUE COPY OF NEWS REPORTED IN MALAYALA MANORAMA DAILY DATED 10.11.2014. EXHIBIT P3 A TRUE COPY OF NEWS REPORTED IN MALAYALA MANORAMA (PRADESHIKAM)DAILY DATED 13.11.2014. EXHIBIT P3 B TRUE COPY OF NEWS REPORTED IN MATRUBHUMI DAILY DATED 19.05.2015. EXHIBIT P4 TRUE COPY OF RESOLUTION NO.VI DATED 29.05.2015 OF AROOR VILLAGE PANCHAYATH. EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE SCHEME OF ALLOTMENT FOR 2017-2011 OF THE 9TH RESPONDENT PANCHAYATH. EXHIBIT P6 TRUE COPY OF G.O. (MS)NO.164/13/AGRICULTURAL DATED 18.05.2013.
EXHIBIT P7 TRUE COPY OF G.O(MS)NO.172/2017/REV DATED 1.6.2017. RESPONDENT'S/S EXHIBITS: EXHIBIT R9(A) TRUE COPY OF RESOLUTION NO.1 DATED 1409-2010 PASSED BY THE PANCHAYAT EXHIBIT R9(B) TRUE COPY OF THE RESOLUTION DATED 27-072011 PASSED BY THE PANCHAYAT
WP(C).Nos.4539/2019(N) & 4677/2018
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APPENDIX OF WP(C) 4677/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE AGRICULTURAL DEVELOPMENT COMMISSIONER DATED 12.10.2012
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF AGRICULTURAL DEVELOPMENT COMMISSIONER DATED 18.05.2013
EXHIBIT P3 TRUE COPY OF THE INFORMATION ISSUED BY THE VILLAGE OFFICER DATED 16.09.2017
EXHIBIT P4 TRUE COPY OF THE SCHEME PUBLISHED FOR FIVE YEARS FOR THE AROOR GRAMA PANCHAYATH
EXHIBIT P5 TRUE COPY OF THE MEMORANDUM DATED 15.01.2018
EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER DATED 01.06.2017
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF RESOLUTION NO.1 DATED 1409-2010 PASSED BY THE PANCHAYAT
EXHIBIT R1(B) TRUE COPY OF THE RESOLUTION DATED 27-072011 PASSED BY THE PANCHAYAT
TRUE COPY// P.A TO JUDGE
V.K.GOWREESHAN
STATE OF KERALA
P.R.SHAHAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court