E.M. Ashraf, v. the District Collector
Case brief
What is this about?
Writ petition challenged by authority issued against respondent No. 9 and 10 but not pressed and dismissed.
What did the court decide?
Writ petition dismissed as not-pressed.
Writ petition challenged by authority issued against respondent No. 9 and 10 but not pressed and dismissed.
Writ petition dismissed as not-pressed.
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 MOHAMMED NIAS C.P.
TUESDAY, THE 26TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946
WP(C) NO. 13458 OF 2023
PETITIONER:
E.M. ASHRAF, AGED 62 YEARS S/O.MUHAMMED KUNJU, ELASSERRIYIL HOUSE, PONNADU P.O., MANNANCHERRY, ALAPPUZHA DISTRICT, PIN - 688538 BY ADVS. RAJU SEBASTIAN VADAKKEKKARA S.KRISHNA KUMAR (MANGALAM) SABAD K.H. SANTHOSH BHASKARAN NAIR BERTRAND BASIL B.GIRISH RIFSA REBAIE
RESPONDENTS:
1 THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, CIVIL STATION, BESIDE ZILLA PACHAYATH OFFICE, CIVIL STATION WARD, ALAPPUZHA, KERALA, PIN - 688001
2 THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA DISTRICT, KIDANGAMPARAMP, THONDANKULANGARA, THATHAMPALLY, ALAPPUZHA, KERALA, PIN - 688013
WP(C)No.13458/2023
2
| 6 | THE TAHSILDHAR, AMBALAPUZHA TALUK, AMABALPUZHA TALUK OFFICE, |
|---|---|
| AMBALAPUZHA, SDV SCHOOL RD., KIDANGAMPARAMP, ALAPPUZHA, |
|
| KERALA, PIN - 688003 | |
| 7 | THE VILLAGE OFFICER, MANNANCHERRY VILLAGE, |
| WARD 5, MANNANCHERY P.O., ALAPPUZHA DISTRICT KERALA, PIN - 688538 |
|
| 8 | THE SECRETARY, MANNANCHERRY GRAMA PANCHAYATH, MANNANCHERY, ALAPPUZHA DISTRICT, |
| KERALA, PIN - 688538 | |
| 9 | THE MANAGING DIRECTOR, KAYTHREE ESTATE PRIVATE LIMITED KAYTHREE JAGANPURA EXTENSION, NEW DELHI - 110014. |
| 10 | C.V.THANKACHAN, AGED 50 YEARS |
| S/O.MATHAI VARKEY, CHEERATHARA HOUSE, |
|
| VAARANAMMURI, THANNEERMUKKAM, | |
| KANNANKARA P.O., | |
| ALAPPUZHA DISTRICT, PIN - 688527 | |
| BY ADVS. | |
| SRI.E.G.GORDEN, SR.GOVERNMENT PLEADER | |
| V.K.BALACHANDRAN | |
| Isha M M | |
| T.B.HOOD(K/000253/1998) | |
| AMAL KASHA(K/80/2015) |
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.13458/2023
3
MOHAMMED NIAS C.P., J
............................................................
WP(C)No.13458 of 2023
Dated this the 26th day of March, 2024
JUDGMENT
In view of the memo dated 11.3.2024, the writ petition is
dismissed as not-pressed.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/26.3.2024
WP(C)No.13458/2023
4
APPENDIX OF WP(C) 13458/2023
PETITIONER'S EXHIBITS
| EXHIBIT- P1 | TRUE COPY | OF THE LAND TAX RECEIPT | DATED |
|---|---|---|---|
| 01.07.2020 | ISSUED IN THE NAME O | F THE | |
| PETITIONER OFFICER MAN |
BY THE 7TH RESPONDENT NANCHERY. |
VILLAGE | |
| EXHIBIT- P2 | TRUE COPY | OF THE BUILDING TAX RECEIPT | ISSUED |
| FOR THE RES PETITIONER MANNANCHERY |
IDENTIAL HOUSE IN THE NAME BY THE 8TH RESPONDENT SE GRAMA PANCHAYATH. |
OF THE CRETARY |
|
| EXHIBIT-P3 | TRUE COPY O | F THE INSTRUCTION GIVEN BY | THE 3RD |
| RESPONDENT RESPONDENT |
POLLUTION CONTROL BOARD TO MANNANCHERRY PANCHAYATH, |
THE 8TH DATED |
|
| 07.01.2016, RIGHT TO IN |
ISSUED TO THE PETITIONER UN FORMATION ACT. |
DER THE | |
| EXHIBIT-P4 | TRUE COPY SUBMITTED RESPONDENT |
OF THE COMPLAINT DATED 23. BY THE PETITIONER HEREIN NO.1 TO 8 ,GOVERNMENT AUTHOR |
01.2023 TO THE ITIES. |
| EXHIBIT-P5 | TRUE COPY PETITIONER |
OF THE COMMUNICATION ISSUED BY THE 8TH RESPONDENT SE |
TO THE CRETARY |
| MANNANCHERR 30.01.2023. |
Y GRAMA PANCHAYATH |
DATED | |
| EXHIBIT-P6 | TRUE COPY 07/02/2023 8TH RESPOND |
OF THE COMMUNICATION ISSUED TO THE PETITIONER, ENT. |
DATED BY THE |
| EXHIBIT-P7 | TRUE COPY | OF THE DETAILED COMPLAINT | DATED |
| 20.02.2023 | SUBMITTED BY THE PETITIONER | HEREIN | |
| TO THE RES | PONDENT NO.1 TO 8 SEEKING | ACTION | |
| AGAINST THE | RESPONDENT NO.9 AND 10. |
E.M. Ashraf
The District Collector, Alappuzha District
The Revenue Divisional Officer, Alappuzha District
The District Officer, Kerala State Pollution Control Board, Alappuzha District
The District Officer, Mining and Geology, Alappuzha District
The Principal Agricultural Officer, Alappuzha
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court