Petitioners sought to withdraw the writ petition without prejudice to filing a fresh one, considering peculiar facts.
Permission granted to withdraw writ petition without prejudice to right to file a fresh petition.
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
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.13249 OF 2018(E)
PETITIONER/S:
1 P.K. SREEDHARAN NAIR, ADVOCATE, RESIDING AT GAYATHRI HOUSE, ASHOKAPURAM, KOZHIKODE.
3 BRIJESH P.K., RESIDING AT GAYATHRI HOUSE, ASHOKAPURAM, KOZHIKODE.
BY ADVS. SRI.K.JAJU BABU (SR.) SRI.BRIJESH MOHAN KUM.NEETU VINOD
RESPONDENT/S:
R1 BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13249 OF 2018
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W.P.(C)No.13249 of 2018
JUDGMENT
The learned counsel for the petitioners seeks permission to withdraw the writ petition without prejudice to the right of the petitioners to file a fresh writ petition.
Having regard to the peculiar facts and circumstances of the case, the writ petition is closed without prejudice to the right of the petitioners to file a fresh writ petition on the same cause of action, if circumstances warrant.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
WP(C).No.13249 OF 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | COPY OF THE PLAN ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS BY THE VILLAGE OFFICER ON 15.09.2017. |
|---|---|
| EXHIBIT P2 | COPY OF THE LOCATION CERTIFICATE NO.VO.1880/17 DATED 15.09.2017 ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS. |
| EXHIBIT P3 | COPY OF THE POSSESSION CERTIFICATE VIDE NO.KDS.VO.1880/17/D DATED 15.09.2017 ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS. |
| EXHIBIT P4 | COPY OF THE PLAN ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS IN RS.323 BY THE VILLAGE OFFICER ON 15.09.2017. |
| EXHIBIT P5 | COPY OF THE LOCATION CERTIFICATE NO.1879/17 DATED 15.09.2017 ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS. |
| EXHIBIT P6 | COPY OF THE POSSESSION CERTIFICATE VIDE NO.KDS.VO.1880/17/D DATED 15.09.2017 ISSUED IN RESPECT OF THE PROPERTY OF THE PETITIONERS IN RS.323. |
| EXHIBIT P7 | COPY OF THE TAX RECEIPT VIDE NO.Q.80334 DATED 28.03.2008 IN RESPECT OF BUILDING NO.5/1087 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P8 | COPY OF THE TAX RECEIPT VIDE NO.67 DATED 03.05.2008 IN RESPECT OF BUILDING NO.5/1087 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P9 | COPY OF THE TAX RECEIPT VIDE Q.122774 DATED 26.09.2008 IN RESPECT OF BUILDING NO.5/1088 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P10 | COPY OF THE TAX RECEIPT VIDE NO .Q.122773 DATED 26.09.2008 IN RESPECT OF BUILDING NO.5/1087 ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P11 | COPY OF THE PLAN OF THE ENTIRE PROPERTY |
| COVERED BY EXT.P1 TO P6 PREPARED BY THE HEAD OF SURVEY ON 22.09.2010. |
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EXHIBIT P12 COPY OF THE ORDER VIDE NO.TP11/89618/2017 DATED 18.01.2018 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONERS.
EXHIBIT P13 COPY OF THE INFORMATION VIDE NO.KKB143/17-18 OF THE AGRICULTURAL FIELD OFFICER OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P14 COPY OF THE INFORMATION VIDE NO.A/460/2018/K.DIS DATED 06.03.2018 OBTAINED UNDER RIGHT TO INFORMATION ACT. EXHIBIT P15 COPY OF THE RELEVANT EXTRACT OF THE ZONING REGULATIONS PUBLISHED BY THE 1ST RESPONDENT. EXHIBIT P16 COPY OF THE PHOTOGRAPHS SHOWING THE LOCATION OF THE PROPERTY. EXHIBIT P17 COPY OF THE NOTICE ISSUED BY THE REVENUE DIVISIONAL OFFICE, KOZHIKODE TO THE PETITIONERS
P.K. Sreedharan Nair
E. Shylaja
Brijesh P.K.
The Corporation of Calicut
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
