The High Court of Kerala closed Writ Petition (Civil) No.14811 of 2020 without passing orders, as the petitioner had already been handed over the building in question and no order was currently required.
Petition closed; no orders passed.
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 SMT. JUSTICE P.V.ASHA
TUESDAY, THE 27TH DAY OF OCTOBER 2020 / 5TH KARTHIKA, 1942
WP(C).No.14811 OF 2020(B)
PETITIONER:
ANIL KUMAR A.K., AGED 51 YEARS, S/O.APPUKUTTAN NAIR, BHAGAVATHI VILASAM, ALTHARAMOODU, PULLIPARA, KADAKKAL, KOLLAM DISTRICT-691536.
BY ADVS. SRI.M.SASINDRAN SRI.JOMY K. JOSE
RESPONDENTS:
1 THE TAHSILDAR, KOTTARAKKARA TALUK (INCIDENT COMMANDER), KOTTARAKKARA, KOLLAM DISTRICT-691506.
3 THE DISTRICT MEDICAL OFFICER (H), KOLLAM-691001.
5 THE KADAKKAL GRAMA PANCHAYAT, KADAKKAL P.O., KOLLAM DISTRICT-691356, REPRESENTED BY ITS SECRETARY.
BY ADV. SRI.RANJITH THAMPAN, ADDL.ADVOCATE GENERAL SRI.K.SIJU, SC SMT.ANJANA KANNATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14811 OF 2020
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JUDGMENT
The writ petition is filed seeking the
following reliefs:
“i) issue a writ of certiorari or any other writ or order to quash Ext.P6 ii) issue to certiorari or any other writ or order to quash Ext.P10;
iii) declare that the 1st respondent has got no jurisdiction to take over the building under the Disaster Management Act; iv) set aside Ext.P7 order issued by the 5th respondent;
v) command the respondents not to take over the building of the petitioner as it is not suitable for converting as Covid First Line Treatment centre envisaged in Ext.P8;
vi) award cost to the petitioner; vii) issue such other writ or order as this hon'ble court may deem fit in the facts and circumstances of the case.”
WP(C).No.14811 OF 2020
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2. The learned Government Pleader submits
that the building was not used and it is already handed over to the petitioner on condition that it has to be surrendered as and when required by the respondents.
Therefore as at present, no orders are required in this writ petition. The writ petition is accordingly closed.
Sd/-
P.V.ASHA JUDGE
ww
WP(C).No.14811 OF 2020
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE OWNERSHIP CERTIFICATE IN RESPECT OF BUILDING NO.KP XI-776, BY THE KADAKKAL GRAMA PANCHAYAT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE LEASE AGREEMENT EXECUTED BETWEEN THE PETITIONER ONE SHIBU.A DATED 02.01.2020. |
| EXHIBIT P3 | TRUE COPY OF THE FEW OF THE RECEIPTS FOR BOOKING OF EVENTS IN THE CONVENTION CENTRE. |
| EXHIBIT P4 | TRUE COPY OF THE LEASE AGREEMENT EXECUTED BETWEEN THE PETITIONER AND ONE MANU KUMAR DATED 24.02.2020. |
| EXHIBIT P5 | TRUE COPY OF THE RENT AGREEMENT DATED 01.07.2018. |
| EXHIBIT P6 | TRUE COPY OF THE ORDER NO.B7-6280/19 DATED 19.07.2020 ISSUED BY THE 1ST RESPONDENT TAHSILDAR. |
| EXHIBIT P7 | TRUE COPY OF THE ORDER NO.B2-4584/2020 DATED 19.07.2020 ISSUED BY THE 5TH RESPONDENT PANCHAYAT. |
| EXHIBIT P8 | TRUE COPY OF THE G.O.(MS)NO.1364/2020/LSGD DATED 16.07.2020 ALONG WITH THE GUIDELINES ISSUED BY THE GOVERNMENT. |
| EXHIBIT P9 | TRUE COPY OF THE PHOTOGRAPH OF THE LYING OF THE CHAIRS IN THE CONVENTION CENTRE. |
| EXHIBIT P10 | TRUE COPY OF THE ORDER NO.DCKLM/1827/2020-DM2 DATED 22.06.2020 OF THE CHAIRMAN DDMC AND DISTRICT COLLECTOR, KOLLAM. |
| EXHIBIT P11 | TRUE COPY OF THE ORDER NO.DCKLM/1827/2020-DM2 DATED 30.03.2020. |
| RESPONDENTS' A | NNEXURES: |
| ANNEXURE R2(A) | TRUE COPY OF THE ORDER NO.DCKLM/1827/2020-DM2 DATED 30.03.2020 ISSUED BY THE CHAIRMAN, DISTRICT DISASTER MANAGEMENT AUTHORITY & DISTRICT MAGISTRATE. |
1 provisions across 1 enactments
ANIL KUMAR A.K.
THE TAHSILDAR, KOTTARAKKARA TALUK (INCIDENT COMMANDER)
THE DISTRICT COLLECTOR
THE DISTRICT MEDICAL OFFICER (H), KOLLAM
STATE OF KERALA
THE KADAKKAL GRAMA PANCHAYAT
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
