Dismissed

P.R.Shahan v. the Secretary, Aroor Grama Panchayath

Kerala HC14 Nov 2019WP(C)/4677/2018

Case brief

AI extract

What is this about?

The Kerala High Court closed two writ petitions challenging government permissions to fill a water body for a police station. The Court accepted the respondents' submission that the impugned orders were withdrawn, thereby disposing of the matters without adjudicating on the merits or substantive allegations.

What did the court decide?

The writ petitions were closed by recording the submission that the impugned orders had been withdrawn.

P.R.Shahan Vs the Secretary, Aroor Grama Panchayath — Writ and Judicial Review | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941

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WP(C).No.4539 OF 2019(N)

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PETITIONER:

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V.K.GOWREESHAN, AGED 40 YEARS S/O.T.K. KRISHNAN, GOWREESHABHAVANAM, CHANDIROOR P.O, PIN-688537, AROOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA DISTRICT.

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BY ADV. SRI.SAKIR.K.H.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-PIN-695001.

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2 THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001.

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3 THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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4 THE DISTRICT COLLECTOR, COLLECTORATE, ALAPPUZHA, PIN-688001.

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5 THE TAHSILDAR, CHERTHALA, MINI CIVIL STATION, CHERTHALA, PIN-688524.

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WP(C).Nos.4539/2019(N) & 4677/2018

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6 THE VILLAGE OFFICER, AROOR VILLAGE,688534.

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7 THE AGRICULTURAL DEVELOPMENT COMMISSIONER, THIRUVANANTHAPURAM, PIN-695033.

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8 THE DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA, PIN-688001.

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9 THE SECRETARY, AROOR VILLAGE PANCHAYATH, AROOR P.O, PIN-688534.

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R1-8 BY SRI.K.V.SOHAN, STATE ATTORNEY R9 BY ADV. DR.V.N.SANKARJEE

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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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¶24

WP(C).Nos.4539/2019(N) & 4677/2018

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶26

PRESENT

¶27

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 14TH DAY OF NOVEMBER 2019 / 23RD KARTHIKA, 1941

¶29

WP(C).No.4677 OF 2018

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PETITIONER:

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P.R.SHAHAN AGED 61 YEARS, S/O.RAVEENDRAN, PUTHENTHARA NIKATHIL, WARD NO.22, AROOR PANCHAYATH, AROOOR, ALAPPUZHA DISTRICT

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BY ADVS. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN

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RESPONDENTS:

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1 THE SECRETARY, AROOR GRAMA PANCHAYATH AROOR 688534

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2 THE DEPUY DIRECTOR OF PANCHAYATH ALAPPUZHA 688001

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3 THE AGRICULTURE DEVELOPMENT COMMISSIONER THIRUVANANTHAPURAM 695001

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4 ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 695001

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5 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,SECRETARIAT, THIRUVANANTHAPURAM 695001

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R1 BY ADV. DR.V.N.SANKARJEE R2-5 BY SRI.K.V.SOHAN, STATE ATTORNEY

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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:

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WP(C).Nos.4539/2019(N) & 4677/2018

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¶43

JUDGMENT

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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.

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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.

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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.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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nak

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WP(C).Nos.4539/2019(N) & 4677/2018

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APPENDIX OF WP(C) 4539/2019

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PETITIONER'S/S EXHIBITS:

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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.

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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.

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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

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WP(C).Nos.4539/2019(N) & 4677/2018

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¶60

APPENDIX OF WP(C) 4677/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER OF THE AGRICULTURAL DEVELOPMENT COMMISSIONER DATED 12.10.2012

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EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF AGRICULTURAL DEVELOPMENT COMMISSIONER DATED 18.05.2013

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EXHIBIT P3 TRUE COPY OF THE INFORMATION ISSUED BY THE VILLAGE OFFICER DATED 16.09.2017

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EXHIBIT P4 TRUE COPY OF THE SCHEME PUBLISHED FOR FIVE YEARS FOR THE AROOR GRAMA PANCHAYATH

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EXHIBIT P5 TRUE COPY OF THE MEMORANDUM DATED 15.01.2018

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EXHIBIT P6 TRUE COPY OF THE GOVERNMENT ORDER DATED 01.06.2017

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1(A) TRUE COPY OF RESOLUTION NO.1 DATED 1409-2010 PASSED BY THE PANCHAYAT

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EXHIBIT R1(B) TRUE COPY OF THE RESOLUTION DATED 27-072011 PASSED BY THE PANCHAYAT

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TRUE COPY// P.A TO JUDGE

P.R.Shahan v. the Secretary, Aroor Grama Panchayath

Case brief

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P.R.Shahan v. the Secretary, Aroor Grama Panchayath

Case brief

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