The High Court of Kerala dismissed this writ petition for default. The petitioners failed to take instructions or act to pursue the matter faced previously on 26.09.2022, resulting in the dismissal of the challenge regarding the orders of the Lok Ayukta.
Writ petition dismissed for failure to take instructions and prosecute the matter.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 10TH DAY OF OCTOBER 2022 / 18TH ASWINA, 1944
WP(C) NO. 1939 OF 2020
PETITIONERS:
1JEMEEN SREEDHARAN
AGED 43 YEARS, S/O.SREEDHARAN,
'SANGAMAM', AYIROOR P.O., VARKALA,
THIRUVANANTHAPURAM DISTRICT, PIN-695 310.
2K.ARUN
AGED 50 YEARS, S/O.KUMARAN,
SANTHI NIKETHAN, AYIROOR P.O., VARKALA,
THIRUVANANTHAPURAM DISTRICT, PIN-695 310.
3VISHNU.A.P.
AGED 35 YEARS,S/O.PEETHAMBARAN,
MALIKAKADA VEEDU, AVANAVANCHERY.P.O.,
ATTINGAL, THIRUVANANTHAPURAM.
BY ADVS.
G.S.REGHUNATH
SMT.GAYATHRI P.G.
M.RAMASWAMY PILLAI
RESPONDENTS:
1 EDAVA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, VARKALA, VARKALA.P.O., THIRUVANANTHAPURAM-695 141.2 THE SECRETARY, EDAVA GRAMA PANCHAYAT, VARKALA, VARKALA.P.O., THIRUVANANTHAPURAM – 695 141.3 ELAKAMON PANCHAYATH, REPRESENTED BY ITS SECRETARY, AYIROOR.P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310.2
W.P.(C)No.1939 of 2020
4 SECRETARY, ELAKAMON PANCHAYATH, AYIROOR.P.O., VARKALA, THIRUVANANTHAPURAM, PIN-695 310.5 THE SECRETARY, LOK AYUKTA, LEGISLATIVE ASSEMBLY COMPLEX, THIRUVANANTHAPURAM, PIN-695 033.6 THE HEALTH INSPECTOR, EDAVA GRAMA PANCHAYATH, EDAVA, EDAVA.P.O., THIRUVANANTHAPURAM-695 311.7 THE SENIOR TOWN PLANNER (VIGILANCE), SWARAJ BHAVAN, NANTHENCODE, KOWDIAR (PO), THIRUVANANTHAPURM-695 003.8 DR.VEENA N.MADHAVAN, IAS, MEMBER SECRETARY, KERALA COASTAL ZONE MANAGEMENT AUTHORITY, CENTRAL TRANSPORT BHAVAN, 4TH FLOOR, THAMPANOOR, THIRUVANANTHAPURAM-695 001. (AMENDED AS PER ORDER IN I.A.NO.1819/2018 DATED 29.11.2018.)9 JACOB KOSHY, AGED 58, S/O.PHILIPOSE KOSHY, RESIDING AT CHIN KOSH VILLA, PANKONAM, MUKHATHALA.P.O., KOLLAM-691 577. (MANAGER, HILL COUNTRY AND RESORTS INDIA LTD.)10 GEORGE CHAVANIKKAMANNIL KOSHY, MANAGING DIRECTOR, HILL COUNTRY HOTELS AND RESORTS INDIA LTD., KAYALPURAM, AYIROOR (P.O.) , VARKALA, THIRUVANANTHAPURAM-695 310.11 HILL COUNTRY HOTELS AND RESORTS INDIA LTD., REPRESENTED BY ITS MANAGING DIRECTOR, KAYALPURAM, AYIROOR (P.O.), VARKALA, THIRUVANANTHAPURAM-695 310.12 STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.W.P.(C)No.1939 of 2020
3
13THE DIRECTOR,
DIRECTORATE OF PANCHAYATHS,
PMG JUNCTION, PUBLIC OFFICE BUILDING,
MUSEUM.P.O., THIRUVANANTHAPURAM-695 033.
SRI V.TEKCHAND, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.1939 of 2020
4
JUDGMENT
Dated this the 10th day of October, 2022
S.Manikumar, C.J.
When the matter came up for admission on 23.01.2020, we passed the following order:
“Challenge is to the order dated 21.11.2019 in Complaint No.1074 of 2017 passed by the Lok Ayukta, by which the Health Inspecto, Edava Grama Panchayat, Edava and the Secretary, Edave Grama Panchayat, Edava, Thiruvananthapuram (respondents 4 and 6 therein) were directed to appear in person before the Forum on 9.1.2020 along with connected files to explain the matter and also to show cause why the Forum should not initiate action against them under the provisions of the Kerala Lok Ayukta Act, 1999.
W.P.(C)No.1939 of 2020
5
Tekchand, learned Senior Government Pleader is directed to take out notice to respondent Nos. 7, 12, and 13. Issue notice to other respondents, returnable in three weeks.
Adv.Antony Joseph, representing Mr. G.S. Reghunath, learned counsel for the petitioners, submitted that there are no instructions from the petitioners. The said submission is placed on record.
W.P.(C)No.1939 of 2020
6
As steps have not been taken as directed, writ petition is
dismissed.
Pending interlocutory applications, if any, shall stand
closed.
Sd/-
S.Manikumar Chief Justice
Sd/-
Shaji P.Chaly Judge
vpv
W.P.(C)No.1939 of 2020
7
APPENDIX OF WP(C) 1939/2020
PETITIONER EXHIBITS
EXHIBIT P1 |
TRUE COPY OF THE PROPERTY TAX RECEIPT (6 INNUMBER). |
|---|---|
EXHIBIT P1(A) |
TRUE COPY OF THE LAND TAX RECEIPT DATED4.10.2019 ALONG WITH ITS TRUE ENGLISHTRANSLATION. |
EXHIBIT P2 |
TRUE COPY OF THE AGREEMENT DATED 5.9.2008ENTERED INTO BY 1ST PETITIONER WITH 2NDRESPONDENT. |
EXHIBIT P3 |
TRUE COPY OF THE POWER OF ATTORNEY EXECUTEDBY 1ST PETITIONER IN FAVOUR OF 2NDPETITIONER DATED 12.9.2005. |
EXHIBIT P4 |
TRUE COPY OF THE LICENCE ISSUED BY THE 12THRESPONDENT DATED 29.3.2019. |
EXHIBIT P5 |
TRUE COPY OF THE D&O LICENCE COPY OBTAINEDBY THE 3RD PETITIONER TO CONDUCT THERESTAURANT ALONG WITH ITS TRUE ENGLISHTRANSLATION DATED 6.5.2019. |
EXHIBIT P6 |
TRUE COPY OF THE RECEIPT DATED 4.5.2019 FORPAYMENT OF LICENCE FEE BY 3RD PETITIONER. |
EXHIBIT P7 |
TRUE COPY OF THE COMPUTER PRINT OF TRIPADVISOR OBTAINED BY BLUE WATER RESORT TOSHOW THAT THE 2ND PETITIONER IS CONDUCTINGTHE RESORT IN A LEGAL AND REPUTED MANNER. |
EXHIBIT P8 |
TRUE COPY OF THE REGISTRATION CERTIFICATEOBTAINED BY 2ND PETITIONER IN THE NAME OF"BLUE WATER BEACH RESORT" DATED 19.12.2008. |
EXHIBIT P8(A) |
TRUE COPY OF THE TRADEMARK REGISTRATION INTHE NAME OF BLUE WATER BEACH RESORT DATED25.7.2018. |
8
W.P.(C)No.1939 of 2020
EXHIBIT P9TRUE COPY OF THE CENTRAL EXCISE
REGISTRATION CERTIFICATE.
EXHIBIT P10TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 21.9.2017.
EXHIBIT P11TRUE COPY OF THE COMMON ORDER DATED
13.7.2016 PASSED BY THE TRIBUNAL FOR LOCAL
SELF GOVERNMENT INSTITUTIONS,
THIRUVANANTHAPUPRAM IN APPEAL NO.428/2016 &
429/2016.
EXHIBIT P12TRUE COPY OF THE ORDER DATED 21.11.2019 IN
COMPLAINT NO.1074/2017 D OF THE KERALA LOK
AYUKTA.
EXHIBIT P13TRUE COPY OF THE REPLY STATEMENT DATED
28.11.2017 IN COMPLAINT NO.1074/2017 D
BEFORE THE KERALA LOK AYUKTA.
EXHIBIT P13(A)TRUE COPY OF THE ORDER DATED 28.12.2015 OF
THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH
TRANSLATION.
EXHIBIT P13(B)TRUE COPY OF THE NOTICE DATED 28.12.2015
ISSUED BY 1ST RESPONDENT ALONG WITH TRUE
ENGLISH TRANSLATION.
EXHIBIT P13(C)TRUE COPY OF THE ORDER DATED 18.4.2016
ISSUED BY 2ND RESPONDENT ALONG WITH TRUE
ENGLISH TRANSLATION.
EXHIBIT P14TRUE COPY OF THE JUDGMENT IN
WPC.NO.23231/2013 DATED 20.7.2015.
EXHIBIT P15TRUE COPY OF THE JUDGMENT IN
WPC.NO.28570/2011 DATED 14.7.2017.
EXHIBIT P16TRUE COPY OF THE TAX RECEIPT DATED
28.9.2019 ALONG WITH ITS TRUE ENGLISH
TRANSLATION.
EXHIBIT P17TRUE COPY OF THE PROPERTY TAX RECEIPTS FOR
PAYMENT OF TAX FOR THE BUILDINGS(2 IN NOS.)
W.P.(C)No.1939 of 2020
9
EXHIBIT P18TRUE COPY OF THE OCCUPATION CERTIFICATE
ISSUED TO THE 2ND PETITIONER DATED
11.8.2010 ALONG WITH ITS TRUE ENGLISH
TRANSLATION.
//true copy//
P.A. to Judge
2 issues framed by the court
Whether the writ petition should be dismissed for want of prosecution.
Whether the petitioners had taken steps to pursue the litigation as directed earlier.
Colour shows how this judgement treated each authority
Jose V. Jacob v. Thalayolaparambu Grama PanchayatReferred¶40
Jose V. Jacob v. Thalayolaparambu Grama Panchayat reported in 2016 (1) KLT 362
Jemeen Sreedharan
K.Arun
Vishnu.A.P.
Edava Grama Panchayath
The Secretary, Edava Grama Panchayat
Elakamon Panchayath
S.Manikumar
Shaji P.Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court