A 2021 writ petition concerning representations to police and geology authorities was taken up in 2024; counsel submitted that nothing survived and the court closed it leaving all contentions open.
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 GOPINATH P.
TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945
WP(C) NO. 7547 OF 2021
PETITIONER:
JAYACHARAN
S/O. CHELLANPILA,
PODUVALVEED, ARUMANOORDESOM, THIRUPURAM,
POOVAR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM-695 121.
BY ADVS.
SRI.V.G.ARUN (K/795/2004)
SMT.V.JAYA RAGI
SRI.NEERAJ NARAYAN
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.JAYASANKAR J.S.
SRI.AVANEETH S.R.
RESPONDENTS:
1 STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 010.2 DISTRICT POLICE CHIEF OFFICE OF THE DISRICT POLICE CHIEF THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM-695 012.3 DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121.4THE DISTRICT GEOLOGIST
DEPARTMENT OF MINING AND GEOLOGY,
KESAVADASAPURAM, THIRUVANANTHAPURAM DISTRICT,
THIRUVANANTHAPURAM-695 004.
5 THE STATION HOUSE OFFICER POOVAR POLICE STATION, POOVAR, THIRUVANANTHAPURAM-695 525.W.P(C).No.7547/2021
2
6POOVAR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, POOVAR,
NEYYATTINKARA, THIRUVANANTHAPURAM-695 525.
7 LATHAW/O. RAJANTHIRUNILAYAM, KALAYILTHOTTAM,
ARUMANOORDESOM, THIRUPURAM, POOVAR VILLAGE,
NEYYATTINKARA, THIRUVANANTHAPURAM-695 525.
8 RAJAN
S/O. KRISHNA PILLAI THIRUNILAYAM, KALAYILTHOTTAM,
ARUMANOORDESOM, THIRUPURAM, POOVAR VILLAGE,
NEYYATTINKARA, THIRUVANANTHAPURAM-695 525.
9LALU
S/O. THANKAPPAN, KALLUVILA VEEDU, ARUMANOORDESOM,
THIRUPURAM, POOVAR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM-695 525.
BY ADVS.
VINOD SINGH CHERIYAN
PIRAPPANCODE V.S.SUDHIR
K.P.SUSMITHA
T.M.KHALID
RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).No.7547/2021
3
J U D G M E N T
This writ petition was filed in the year 2021. When this matter is taken up for consideration today, the learned counsel appearing for the petitioner submits that nothing further survives in this writ petition and the writ petition may be closed leaving open all the contentions taken by the petitioner.
Considering the above submission, the writ petition is closed leaving open all contentions raised by the petitioner and reserving the liberty of the petitioner to approach this Court again, if necessary.
Sd/GOPINATH P. JUDGE
ats
W.P(C).No.7547/2021
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APPENDIX OF WP(C) 7547/2021
PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE PLAINT IN O.S.NO.557 OF
2020, ON THE FILES OF MUNSIFF COURT,
NEYYATTINKARA.
EXHIBIT P2THE TRUE COPY OF THE INJUNCTION ORDER DATED
26.8.2020 IN I.A.NO.2 OF 2020 IN O.S.NO.557 OF
2020, ON THE FILES OF MUNSIFF COURT,
NEYYATTINKARA.
EXHIBIT P3THE TRUE COPY OF THE DUE REPRESENTATION DATED
13.10.2020 FILED BY THE PETITIONER BEFORE THE
4TH RESPONDENT GEOLOGIST.
EXHIBIT P4THE TRUE COPY OF THE DUE REPRESENTATION DATED
13.10.2020 FILED BY THE PETITIONER BEFORE THE
6TH RESPONDENT.
EXHIBIT P5THE TRUE PHOTO COPY OF THE REPRESENTATION
DATED 20.3.2021 FILED BEFORE THE 3RD
RESPONDENT.
EXHIBIT P6THE TRUE PHOTO COPIES OF THE RECEIPT DATED
20.3.2021.
EXHIBIT P7THE TRUE PHOTO COPY OF THE REPRESENTATION
DATED 21.3.2021 FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXHIBIT P8THE TRUE PHOTO COPIES OF THE RECEIPT DATED
21.3.2021.
RESPONDENT’S EXHIBITS
EXHIBIT R9(a)TRUE COPY OF THE BUILDING PERMIT NO.A3.48/20-
2021 DATED 17-02-2021.
W.P(C).No.7547/2021
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EXHIBIT R9(b)TRUE COPY OF THE AFFIDAVIT FILED BY THE 9TH
RESPONDENT BEFORE THE SECRETARY, POOVAR GRAMA
PANCHAYAT
EXHIBIT R9(c)TRUE COPY OF THE COMMISSION APPLICATION FILED
BY THE 9TH RESPONDENT UNDER ORDER 26 RULE 9
AND SECTION 151 CPC ALONG WITH AFFIDAVIT FILED
IN SUPPORT OF THE SAME
Jayacharan
State Police Chief, Police Headquarters, Thiruvananthapuram
District Police Chief, Thiruvananthapuram Rural
Deputy Superintendent of Police, Neyyattinkara
District Geologist, Department of Mining and Geology
Station House Officer, Poovar Police Station
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court