In WP(C).No.26304 of 2020, the High Court of Kerala granted the petitioner's prayer to withdraw the writ petition with liberty to file a fresh writ on the same cause of action if warranted.
Permission to withdraw the writ petition with liberty to file a fresh writ petition on the same cause of action if circumstances warrant.
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
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.26304 OF 2020(K)
PETITIONER:
VIJAYAN M., AGED 46 YEARS, S/O RAMAN, RESIDING AT MAMBARAMBU THODIKA, P.O.VELLAYOOR, MALAPPURAM DISTRICT, PIN-679 327.
BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU
RESPONDENTS:
1 THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, MALAPPURAM DISTRICT-676 505.
2 KALIKKAVU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KALIKKAVU P.O., MALAPPURAM DISTRICT-676 525.
3 THE TAHSILDAR, NILAMBUR TALUK, P.O.NILAMBUR, MALAPPURAM DISTRICT-679 329.
4 PRADEEP, S/O POOVANCHERRY VASUDEVAN, RESIDING AT VELLAYOOR AMSOM, NILAMBUR TALUK, P.O.VELLAYOOR, MALAPPURAM DISTRICT-679 327.
R2 BY ADV. SRI.EBIN MATHEW R4 BY ADV. SRI.R.RAJESH KORMATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P. (C) No. 26304 of 2020
W.P. (C) No.26304 of 2020
J U D G M E N T
Petitioner seeks permission to withdraw the writ
petition with liberty to file a fresh writ petition on the same
cause of action, if circumstances warrant.
Having regard to the peculiar facts and circumstances of the case, permission sought for by the petitioner is granted.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT INSTITUTIONS DATED 21.12.2018
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 4.11.2020
EXHIBIT P3 TRUE COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER, VELLAYOOR
EXHIBIT P4 A TRUE COPY OF THE REMINDER VIDE NUMBER G-14158/2011 DATED 3/7/2012 ISSUED BY THE SUB COLLECTOR PERINTHALMANNA
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT TAHASILDAR DATED 18/7/2018
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE PLAINT DATED 4.4.2019 IN OS NO.160 OF 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(B) TRUE COPY OF THE ORDER DATED 4.4.2019 IN I.A.NO.695 OF 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI. EXHIBIT R4(C) TRUE COPY OF THE ORDER DATED 10.4.2019 IN I.A.NO.726 IN IA. 695 OF 2019 IN OS NO.160 OF 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI.
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| EXHIBIT R4(D) | TRUE COPY OF THE ORDER DATED |
|---|---|
| 24.06.2019 IN I.A.NO.942 OF 2019 IN | |
| IA. 695 OF 2019 IN OS NO.160 OF 2019 | |
| ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI. |
|
| EXHIBIT R4(E) | TRUE COPY OF THE ORDER DATED |
| 14.08.2019 IN I.A.NO.1438 OF 2019 IN | |
| IA. 695 OF 2019 IN OS NO.160 OF 2019 | |
| ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI. |
|
| EXHIBIT R4(F) | TRUE COPY OF I.A.NO.1706 OF 2019 AND THE ACCOMPANYING AFFIDAVIT DATED 24.08.2019 IN OS NO.160 OF 2019 ON THE |
| FILE OF THE COURT OF THE MUNSIFF OF MANJERI. |
|
| EXHIBIT R4(G) | TRUE COPY OF THE CERTIFICATE DATED 17.08.2019 ISSUED BY THE SECRETARY OF THE SECOND RESPONDENT PANCHAYATH |
| EXHIBIT R4(H) | TRUE COPY OF REGISTERED ASSIGNMENT |
| DEED DATED 9.4.1991 OF SUB REGISTER OFFICE WANDOOR |
|
| EXHIBIT R4(I) | TRUE COPY OF THE REPORT DATED |
| 9.11.2012 SUBMITTED BY SECRETARY OF | |
| THE SECOND RESPONDENT PANCHAYATH TO | |
| THE SUB DIVISIONAL MAGISTRATE, PERINTHALMANNA |
|
| EXHIBIT R4(J) | TRUE COPY OF THE REPORT DATED |
| 10.04.2019 SUBMITTED BY THE |
|
| COMMISSIONER DEPUTED IN OS NO.160 OF | |
| 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI. |
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W.P. (C) No. 26304 of 2020
EXHIBIT R4(K) TRUE COPY OF SKETCH DATED 10.04.2019 SUBMITTED BY THE COMMISSIONER IN OS NO.160 OF 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(L)
TRUE COPY OF WRITTEN STATEMENT DAED 22.08.2019 FILED BY DEFENDANTS 2 AND 3 IN OS NO.160 OF 2019 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI.
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the petitioner should be granted permission to withdraw the writ petition with liberty to file a fresh petition on the same cause of action.
VIJAYAN M.
THE DISTRICT COLLECTOR
KALIKKAVU GRAMA PANCHAYATH
THE TAHSILDAR
PRADEEP
P.B.SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
