Mathukutty vs Poothrikara Grama Panchayat

Citation : 2022 Latest Caselaw 9754 Ker
Judgement Date : 26 August, 2022

Kerala High Court
Mathukutty vs Poothrikara Grama Panchayat on 26 August, 2022
        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
      THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                   WP(C) NO. 18473 OF 2022
PETITIONER/S:
         MATHUKUTTY, AGED 59 YEARS
         S/O MATHAI, THENKUMBILIMATTATHIL, MEEMBARA ,
         MEEMBARA P.O, ERNAKULAM, KERALA, PIN - 682308
         BY ADVS.
         P.MOHAMED SABAH
         LIBIN STANLEY
         SAIPOOJA
         R.GAYATHRI
         SADIK ISMAYIL
         M.MAHIN HAMZA
         SAFIYA AKBAR
RESPONDENT/S:
    1    POOTHRIKARA GRAMA PANCHAYAT
         REPRESENTED BY THE SECRETARY, SMARTCITY, CHOONDI
         - RAMAMANGALAM ROAD, AIKKARANAD SOUTH,
         POOTHRILARA P.O , KERALA, PIN - 682308
    2    THE SECRETARY
         POOTHRIKARA GRAMA PANCHAYAT, SMARTCITY, CHOONDI
         - RAMAMANGALAM ROAD, AIKKARANAD SOUTH,
         POOTHRILARA P.O , KERALA, PIN - 682308
    3    THE DISTRICT GEOLOGIST
         MINING AND GEOLOGY OFFICE, CIVIL STATION,
         SEAPORT AIRPORT ROAD, KAKKANAD, ERNAKULAM, PIN -
         682030
         BY ADVS.
         SAJEEV KUMAR K.GOPAL
         GOVERNMENT PLEADER
OTHER PRESENT:
         SMT.VIDYA KURIAKOSE, GP
     THIS   WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION   ON   26.08.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -2-
W.P.(C). No. 18473 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 18473 of 2022
                       =============================================================

                  Dated this the 26th day of August, 2022

                                          JUDGMENT

The learned counsel for the petitioner submitted that he may be permitted to withdraw the writ petition with liberty to file a fresh writ petition, if there is any fresh cause of action arises.

Therefore, this writ petition is dismissed as withdrawn with liberty to the petitioner to file a fresh writ petition, if there is any fresh cause of action.

sd/-

P.V.KUNHIKRISHNAN JUDGE das -3- W.P.(C). No. 18473 of 2022 APPENDIX OF WP(C) 18473/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE LAND TAX RECEIPT BEARING NO.KL07050702450/2021 AND DATED 22.04.2021 ISSUED FROM AIKKARANDU SOUTH VILLAGE Exhibit P2 THE TRUE COPY OF THE PLANOF THE SAID RESIDENTIAL BUILDING PROPOSED TO BE CONSTRUCTED IN SY NO. 254/7-2 FURNISHED BEFORE THE RESPONDENT NO.2. Exhibit P3 THE TRUE COPY OF THE PLAN OF THE COMMERCIAL BUILDING PROPOSED TO BE CONSTRUCTED IN SY NO. 254/7-3 FURNISHED BEFORE THE RESPONDENT NO.2 Exhibit P4 THE TRUE COPY OF THE PLAN OFTHE COMMERCIAL BUILDING PROPOSED TO BE CONSTRUCTED IN SY NO. 254/7 FURNISHED BEFORE THE RESPONDENT NO.2. Exhibit P5 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED TO THE PETITIONER BY THE RESPONDENT NO.1 EVIDENCING THE SUBMISSION OF APPLICATION FOR BUILDING AND DEVELOPMENT PERMITS FOR CONSTRUCTION OF RESIDENTIAL BUILDING.