The High Court of Kerala granted permission to the petitioners to withdraw the writ petition without prejudice to their right to institute appropriate civil proceedings and closed the writ petition.
Permission to withdraw the writ petition without prejudice to the right of the petitioners to institute appropriate civil proceedings.
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 P.B.SURESH KUMAR
TUESDAY, THE 15TH DAY OF DECEMBER 2020 / 24TH AGRAHAYANA, 1942 WP(C).No.5244 OF 2020(E)
PETITIONER/S:
1 T.K.LAKSHMIKUTTY, W/O. R. CHIDAMBARAN PILLAI, BIMBIS HOUSE, PANACHIKAVU P.O., PERUNNA, CHANGANACHEERY 686 102.
3 DHANYA CHIDAMBARAN, W/O. RAJEEVAN.A., BIMBIS HOUSE, PANACHIKAVU P.O., PERUNNA, CHANGANACHEERY 686 102.
BY ADV. SRI.SANIL JOSE
RESPONDENT/S:
1 CHANGANACHERRY MUNICIPALITY, MUNICIPALITY OFFICE, CHANGANACHERRY 686 101, REPRESENTED BY ITS SECRETARY.
2 THE SECRETARY, CHANGANACHERRY MUNICIPALITY, MUNICIPAL OFFICE, CHANGANACHERRY 686 101.
3 THE DISTRICT COLLECTOR, KOTTAYAM, COLLECTORATE, KOTTAYAM 686 002.
4 INDIRA, W/O. KUNJUMON, KIZHAKEPURYIL HOUSE, PANACHIKAVU P.O., PERUNNA, CHANGANACHERRY 686 102. R1-2 BY ADV. SRI.M.P.MADHAVANKUTTY R4 BY ADV. SMT.T.B.REMANI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.5244 of 2020
2
W.P.(C)No.5244 of 2020
JUDGMENT
The learned counsel for the petitioners seeks permission to withdraw the writ petition without prejudice to the right of the petitioners to institute appropriate civil proceedings before the appropriate forum. Having regard to the facts and circumstances of the case, the permission sought for is granted and the writ petition is closed.
Sd/- P.B.SURESH KUMAR, JUDGE
rkj
W.P.(C)No.5244 of 2020
3
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE SALE DEED NO. 1143/1987 DATED 6/5/1987 OF CHANGANACHEERY SRO IN THE NAME OF THE 1ST PETITIONER.
EXHIBIT P2 TRUE PHOTOCOPY OF THE SALE DEED NO. 1144/1987 DATED 6/5/1987 OF CHANGANACHEERY SRO IN THE NAME OF THE 2ND PETITIONER. EXHIBIT P3 TRUE PHOTOCOPY OF THE SALE DEED NO. 2621/1997 DATED 22/9/1997 OF CHANGANACHEERY SRO IN THE NAME OF THE 3RD PETITIONER. EXHIBIT P4 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 4/4/2019 ISSUED BY THE CHANGANACHERRY VILLAGE OFFICE WITH RESPECT TO THE 1ST PETITIONER'S PROPERTY. EXHIBIT P5 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 4/4/2019 ISSUED BY THE CHANGANACHERRY VILLAGE OFFICE WITH RESPECT TO THE 2ND PETITIONER'S PROPERTY.
EXHIBIT P6 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 11/4/2018 ISSUED BY THE CHANGANACHERRY VILLAGE OFFICE WITH RESPECT TO THE 3RD PETITIONER'S PROPERTY.
EXHIBIT P7 TRUE PHOTOCOPY OF THE DECREE OBTAINED BY THE 4TH RESPONDENT IN O.S. NO. 55/1992, MUNSIFF COURT, CHANGANACHERRY.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) ORIGINAL OF THE PHOTOGRAPHS
EXHIBIT R4(B) TRUE COPIES OF THE LETTER DATED 2.3.2020 ISSUED BY THE SECRETARY, CHANGANASSERY MUNICIPALITY ALONG WITH THE DECISION TAKEN IN THE MEETING HELD ON 19.2.2020
T.K.LAKSHMIKUTTY
T.K. PADMAKUMARI
DHANYA CHIDAMBARAN
CHANGANACHERRY MUNICIPALITY
THE DISTRICT COLLECTOR, KOTTAYAM
INDIRA
P.B. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
