Petitioner's writ petition dismissed in limine. Court held that no surviving grievance can be adjudicated as the original respondent who occupied the property has died without impleading legal heirs. Petitioner free to approach appropriate authority.
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.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF NOVEMBER 2022 / 23RD KARTHIKA, 1944
WP(C) NO. 1586 OF 2008
PETITIONER/S:
T.I.OMMEN
S/O. LATE T.O.IYPE, 'THAVERIL HOUSE',,
KIZHAKKUMBHAGOM P.O., NIRANAM, THIRUVALLA.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENT/S:
1 COMMISSIONER OF LAND REVENUE PUBLIC OFFICE BUILDING, MUSEUM JUNCTION,, THIRUVANANTHAPURAM.2 THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.3 THE REVENUE DIVISIONAL OFFICER THIRUVALLA.4 NIRANAM GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY.5 C.A.CHACKO SO. C.C.ABRAHAM CHATHENKERIL HOUSE, ROSE MOUNT, STADIUM ROAD,, THIRUVALLA.BY ADV SRI.P.HARIDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 1586 of 2008
P.V.KUNHIKRISHNAN, J.
W.P.(C) No. 1586 of 2008
Dated this the 14th day of November, 2022
JUDGMENT
The above writ petition is filed with following prayers:
“i) Issue a writ of mandamus or any other writ, order or direction directing the 4th respondent to implement Ext.P1 order and P4 decision forthwith and
ii) Pass such other orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” (sic)
5th respondent is occupying a property vested in the Panchayat and even though the application filed by the 5th respondent for assignment of the property to a school, that is being conducted
by him, was rejected as per Ext.P2, which was confirmed in a revision petition filed by him, the Panchayat is not taking any
steps to evict the 5th respondent. Ext.P4 is the resolution taken
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W.P.(C). No. 1586 of 2008
by the Panchayat to construct a veterinary clinic in the very
same property.
With the above observation, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 1586 of 2008
APPENDIX OF WP(C) 1586/2008
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF ORDER NO.B.3423/08 DATED
2/6/07 ISSUED BY THE 3RD RESPONDENT
Exhibit P2TRUE COPY OF THE ORDER NO.B.13.7727/01
DATED 26.10.06 ISSUED BY THE
TAHSILDAR, THIRUVALLA
Exhibit P3TRUE COPY OF THE PROCEEDINGS NO.LRJ3-
28645/07 DATED 24.10.07 OF THE 1ST
RESPONDENT
EXHIBIT P4TRUE COPY OF THE DECISION DATED
24.11.07 OF THE 4TH RESPONDENT
T.I. OMMEN
COMMISSIONER OF LAND REVENUE
THE SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT
REVENUE DIVISIONAL OFFICER THIRUVALLA
NIRANAM GRAMA PANCHAYATH
C.A. CHACKO
P.V. KUNHIKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court