The petition challenged removal from the Below Poverty Line list granted liberty to approach the Collector with representation after disposal of a pending appeal. Petition closed.
Liberty granted to approach the 1st respondent after disposal of RFA No. 160/2010; writ petition closed.
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.
WP(C) NO. 1925 OF 2011
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
WP(C) NO. 1925 OF 2011
PETITIONER/S:
MATTAPPALLIL MATHAI S/O.MATHAI,AGED 69 YEARS,CHUZHALI AMSOM,, KULATHUR DESOM,CHUZHALI P.O.,THALIPARAMBA TALUK, KANNUR DISTRICT
BY ADVS. SRI.V.T.MADHAVANUNNI SRI.J.ABHILASH SRI.V.A.SATHEESH
RESPONDENT/S:
1 THE DISTRICT COLLECTOR KANNUR AND 2 ORS CIVIL STATION,KANNUR-1,KANNUR DISTRICT-670001 2 CHANGALAI GRAMA PANCHAYATH CHENGALI P.O TALIPARAMBA TALUK, KANNUR DISTRICT-REP.BY THE SECRETARY670014 3 MUKALEL MANOHARAN S/O.SREEDHARAN CHUZHALI AMSOM,KULATHUR DESOM,, CHIZHALI P.O.,TALIPARAMBA TALUK,, KANNUR DISTRICT 670014 BY ADVS. SRI.K.N.ABHILASH SMT.V.BEENA SRI.LAL K.JOSEPH SMT.R.LEELA SMT.K.K.RATNALATHA SRI.V.R.REKESH SRI.SUNIL NAIR PALAKKAT SMT.N.K.SHEEBA SMT.DEEPA NARAYANAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1925 OF 2011
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No.1925 of 2011
Dated this the 18th day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
“a) to issue a Writ of certiorari or Writ in the nature of certiorari or such other direction quashing Exhibit P1 order issued by Respondent No.1.
b) to issue a writ of Mandamus or writ in the nature of mandamus or such other Writ or direction to the 2nd respondent to include the name of the petitioner in the BPL List and
c) to pay costs of this petition.”
2. According to the petitioner, he is a person below
poverty line. It is the case of the petitioner that his name was included in the BPL list of the 2nd respondent-Panchayat. The petitioner and his family are residing in house No.CP II-417, as they are in possession of that house subsequent to an agreement of sale executed by respondent No.3. At the time of filing the writ petition, a suit was pending before the Munsiff Court for specific performance. It is the case of the petitioner
WP(C) NO. 1925 OF 2011 3
that due to the enmity, the 3rd respondent filed a petition before the 1st respondent to remove the name of the petitioner from BPL list. It is also stated by the writ petitioner that the 1st respondent without considering the real facts, arbitrarily deleted the name of the petitioner from the BPL list. Hence, this writ petition is filed.
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this Court in RFA No. 160/2010, the petitioner and the 3rd respondent can approach the 1st respondent with a representation, based on the decision in the appeal.
Granting liberty to the petitioner and the 3rd respondent to approach the 1st respondent after disposal of RFA No. 160/2010 , this writ petition is closed.
SD/- P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 1925 OF 2011
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APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE ORDER DATED 31.3.2009 ISSUED BY RESPONDENT NO.1 RESPONDENT'S EXHIBITS : NIL
3 issues framed by the court
Whether the writ petition concerning removal of name from BPL list requires immediate adjudication or can be deferred pending resolution of a related First Appeal.
Whether the petitioner and third respondent can approach the Collector with a representation once the pending First Appeal is disposed of.
How to dispose of the writ petition filed challenging removal from BPL list given the pendency of a civil suit/appeal between the parties.
MATTAPPALLIL MATHAI
THE DISTRICT COLLECTOR KANNUR
CHANGALAI GRAMA PANCHAYATH
MUKALEL MANOHARAN
P.V.KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
