The Court disposed of the writ petition allowing the petitioner to file an appeal against the impugned order within two weeks. The judgment directed the appellate authority to consider maintainability and stay petitions subsequently.
Petitioner allowed to file appeal with stay petition within two weeks; appellate authority to consider maintainability and stay.
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. 7146 OF 2021
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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. 7146 OF 2021
PETITIONER/S:
SAIFUDEEN
AGED 33 YEARS S/O. SAIDU MUHAMMED, PUTHUKKADAN HOUSE, ERUMATHALA P.O., EDATHALA, ALUVA, ERNAKULAM
BY ADV S.MURALI
RESPONDENT/S:
WP(C) NO. 7146 OF 2021
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MALAYIDOMTHURUTH, ERNAKULAM DISTRICT 683561
BY ADVS. SRI.JOHN K.GEORGE
SHRI.ABRAHAM P.MEACHINKARA, SC, KIZHAKKAMBALAM GRAMA PANCHAYAT SMT.BINDU MOHAN
OTHER PRESENT:
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. 7146 OF 2021
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P.V.KUNHIKRISHNAN, J
W.P.(C.) No.7146 of 2021
Dated this the 18th day of November, 2021
JUDGMENT
The above writ petition is filed with following prayers :
i) “Issue a writ of certiorari or any other appropriate writ, calling for the records relating to Ext.P11 and quash the same.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 2 to 4 to restore the pipelines dismantled by them on 10.03.2021.
iii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd respondent to acquire land of the petitioner in case if the property is so required for taking water or for any other purpose from the petitioner after paying compensation.
iv) Such further and other reliefs which this Hon'ble Court deems fit and proper in the facts and circumstance of the case.”
the counsel for the petitioner submitted that Ext.P11, which is
the impugned order in this writ petition is an appealable order
and he will file an appeal and he will agitate the matter before the appellate authority. In the light of the above submission, I
WP(C) NO. 7146 OF 2021
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think this writ petition can be disposed of.
Therefore, this writ petition is disposed in the following
manner :
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
WP(C) NO. 7146 OF 2021
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APPENDIX OF WP(C) 7146/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF BASIC TAX RECEIPT DATED 28.11.2019 EXHIBIT P2 TRUE PHOTOCOPY OF COMPLAINT DATED 18.03.2020 SUBMITTED BEFORE THE 3RD RESPONDENT EXHIBIT P3 TRUE PHOTOCOPY OF PETITION DATED 08.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P4 TRUE PHOTOCOPY OF REPRESENTATION DATED 05.06.2020 ALONG WITH A FORWARDING NOTE SUBMITTED BEFORE THE 2ND RESPONDENT EXHIBIT P5 TRUE PHOTOCOPY OF ORDER DATED 10.06.2020 ISSUED BY THE 2ND RESPONDENT EXHIBIT P6 TRUE PHOTOCOPY OF INTERIM ORDER DATED 21.11.2020 IN WPC NO.13343/2020 OF THIS HON'BLE COURT EXHIBIT P7 TRUE PHOTOCOPY OF JUDGMENT DATED 14.091.2021 IN WPC NO.13342/2020 OF THIS HON'BLE COURT EXHIBIT P8 TRUE PHOTOCOPY OF REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXHIBIT P9 TRUE PHOTOCOPY OF LETTER DATED 11.02.2021 SUBMITTED BEFORE THE RIGHT OT INFORMATION OFFICER EXHIBIT P10 TRUE PHOTOCOPY OF INFORMATION DATED 23.02.2021 RECEIVED BY THE PETITIONER FROM THE RIGHT TO INFORMATION OFFICER EXHIBIT P11 TRUE PHOTOCOPY OF NOTICE DATED 10.03.2021
WP(C) NO. 7146 OF 2021
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EXHIBIT P12 TRUE PHOTOCOPY OF COMPLAINT DATED 10.03.2021 SUBMITTED BY THE PETITIONER BEFORE THE POLICE
RESPONDENT'S EXHIBITS :
EXHIBIT R9(A) TRUE COPY OF THE PROCEEDINGS OF THE MEETING CONVENED BY THE EXECUTIVE ENGINEER, PVIP, DIVISION NO.2 ALUVA DATED 3.4.2021 EXHIBIT R9(B) TRUE COPY OF THE COMMUNICATION BEARING NO. C4-4142/2021 DATED 18.8.2021 ISSUED TO THE PETITIONER BY THE ADDITIONAL 9TH RESPONDENT.
2 issues framed by the court
Whether the writ petition should be disposed of while the petitioner is free to file an appeal against the impugned order.
Whether to allow the petitioner two weeks to file an appeal and stay petition.
Saifudeen
The State of Kerala
Periyar Valley Irrigation Project
The Executive Engineer
The Asst. Executive Engineer
Sri. Pareeth
P.V.Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
