The High Court of Kerala, on a writ petition filed by petitioners Molly Jacob and Jacob Thomas, granted permission to withdraw the petition and dismissed the same as withdrawn.
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
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
WP(C).No.828 OF 2016(C)
PETITIONERS:
1 MOLLY JACOB, AGED 63 YEARS, W/O.JACOB THOMAS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT.
2 JACOB THOMAS, AGED 69 YEARS, MULAMOOTTIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.ARUN.B.VARGHESE
RESPONDENTS:
1 THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA-689 645.
3 KOZHENCHERRY GRAMA PANCHAYAT, KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641, REPRESENTED BY ITS SECRETARY.
R1, R3 BY ADV. SRI.JACOB P.ALEX R1 BY ADV. SRI.JOSEPH P.ALEX SMT.G.RANJITA GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.828 of 2016
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W.P.(C) No.828 of 2016
J U D G M E N T
The learned counsel for the petitioners seeks permission to withdraw the writ petition. The permission sought for is granted and the writ petition is dismissed as withdrawn.
Sd/-
P.B.SURESH KUMAR JUDGE
YKB
W.P.(C)No.828 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF RECEIPT NO 57 DT 11-5-1999 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P13(A) COPY OF RECEIPT NO 63 DATED 1-2-2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P16(A) COPY OF THE LETTER DT 16-7-2014 FROM THE FIRST RESPONDENT TO THE 4TH RESPONDENT. EXHIBIT P16(B) COPY OF THE REPLY DT 3-8-2014. EXHIBIT P17(A) COPY OF RECEIPT NO.8178597 DT 30-32015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXHIBIT P2 COPY OF RECEIPT NO 51 DT 30-9-1999 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P3 COPY OF RECEIPT NO 40 DT 27-9-2001 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P4 COPY OF RECEIPT NO 34 DT 20-9-2002 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P5 COPY OF RECEIPT NO 10 DT 27-3-2003 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.
EXHIBIT P6 COPY OF RECEIPT NO 52 DT 30-9-2004 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. EXHIBIT P7 COPY OF RECEIPT NO 70 DT 1-10-2005 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.
W.P.(C)No.828 of 2016
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| EXHIBIT P8 | COPY OF RECEIPT NO 74 DT 13-3-2008 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
|---|---|
| EXHIBIT P9 | COPY OF RECEIPT NO 99 DT 12-4-2010 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
| EXHIBIT P10 | COPY OF RECEIPT NO 4656989 DT 18-3- 2013 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
| EXHIBIT P11 | COPY OF RECEIPT NO 1086498 DT 29-5- 2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
| EXHIBIT P12 | COPY OF RECEIPT NO 1086499 DT 29-5- 2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
| EXHIBIT P13 | COPY OF RECEIPT NO 64 DT 1-12-2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT. |
| EXHIBIT P14 | COPY OF COMMUNICATION DT 22-5-2014. |
| EXHIBIT P15 | COPY OF CERTIFICATE DT 12-6-2014 ISSUED BY THE VILLAGE OFFICER, KOZHENCHERRY. |
| EXHIBIT P16 | COPY OF THE LETTER DT 1-7-2014 FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT. |
| EXHIBIT P17 | COPY OF REPRESENTATION DT 30-3-2015 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P18 | COPY OF REPRESENTATION DATED 30-3-2015 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT. |
| EXHIBIT P19 | COPY OF RECEIPT NO.8178596 DT. 30-3- 2015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. |
W.P.(C)No.828 of 2016
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EXHIBIT P20 COPY OF REPRESENTATION DT 17-11-2015 SEND BY THE PETITIONER TO THE FIRST RESPONDENT.
EXHIBIT P21 COPY OF ACKNOWLEDGMENT CARD AND POSTAL RECEIPT. EXHIBIT P22 COPY OF REPRESENTATION DT 16-12-2015 SEND BY THE PETITIONERS TO THE 2ND RESPONDENT. EXHIBIT P23 COPY OF COMMUNICATION DT 23-12-2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.
RESPONDENT'S/S EXHIBITS:
| EXHIBIT R2(A) | TRUE COPY OF A BU BY THE PANCHAYAT |
ILDING PERMIT ISSUED SECRETARY. |
|---|---|---|
| EXHIBIT R2(B) | TRUE COPY OF THE 10/02/2014. |
COMPLAINT DATED |
| EXHIBIT R2(C) | TRUE COPY OF THE 10/10/2013. |
LETTER DATED |
| EXHIBIT R2(D) | TRUE COPY OF THE 03/03/2014. |
LETTER DATED |
| EXHIBIT R2(E) | TRUE COPY OF THE 12/02/2016. |
LETTER DATED |
| EXHIBIT R4(A) | TRUE COPY OF THE EXHIBIT P17. |
REPORT PREPARED ON |
| EXHIBIT R4(B) | TRUE COPY OF THE EXHIBIT P18. |
REPORT PREPARED ON |
| EXHIBIT R4(C) | TRUE COPY OF THE REPORT BEARING NO DATED 22/04/2014 ASSISTANT ENGINEE |
SITE INSPECTION . 42/BP/AE/LSGD/KZY SUBMITTED BY THE R OF THE PANCHAYAT. |
| EXHIBIT R4(D) | TRUE COPY OF THE | NOTICE BEARING NO.C5- |
| 3489/15 DATED 05/ | 06/2015 ISSUED BY |
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W.P.(C)No.828 of 2016
THIS RESPONDENT TO THE 2ND PETITIONER.
EXHIBIT R4(E) TRUE COPY OF THE LETTER BEARING NO. C/132/14 DATED 14/09/2015 ISSUED BY THE 2ND RESPONDENT TO THIS RESPONDENT. EXHIBIT R4(G) TRUE COPY OF THE LETTER BEARING NO. C/132/14/K.DIS. DATED 29/10/2015. EXHIBIT R4(H) TRUE COPY OF THE NOTICE BEARING NO. C5-3362/2015 DATED 07/01/2016 TO THE 1ST PETITIONER BY THIS RESPONDENT. EXHIBIT R4(I) TRUE COPY OF THE REPLY (UNDATED) SUBMITTED BY THE PETITIONER TO EXHIBIT R4(H). EXHIBIT R4(J) TRUE COPY OF THE ORDER DATED 21/03/2016 IN APPEAL NO.100/2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXHIBIT R4(K) TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 1ST PETITIONER ON 24/05/2016.
MOLLY JACOB
JACOB THOMAS
THE DEPUTY DIRECTOR OF PANCHAYATH, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, PATHANAMTHITTA
THE TOWN PLANNER, OFFICE OF THE TOWN PLANNER, PATHANAMTHITTA
KOZHENCHERRY GRAMA PANCHAYAT
STATE OF KERALA
P.B.SURES K KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
