Mathew Veerapally vs The District Collector, ...

Citation : 2024 Latest Caselaw 18731 Ker
Judgement Date : 28 June, 2024

Kerala High Court

Mathew Veerapally vs The District Collector, ... on 28 June, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                  WP(C) NO. 10106 OF 2018
PETITIONER:

         MATHEW VEERAPALLY
         AGED 59 YEARS, S/O.LATE V.M.BABY, VEERAPPALLIL
         HOUSE, PANNIVIZHA, ADOOR VILLAGE, ADOOR THALUK.
         BY ADVS.
         SRI.RINNY STEPHEN CHAMAPARAMPIL
         SMT.ASHA ELIZABETH MATHEW


RESPONDENTS:

    1    THE DISTRICT COLLECTOR, PATHANAMTHITTA
    2    THE REVENUE DIVISIONAL OFFICER
         RDO OFFICE, ADOOR-689 694.
    3    THE TAHASILDAR
         TALUK OFFICE, ADOOR-689 694.
    4    THE AGRICULTURAL OFFICER
         AGRICULTURAL OFFICE, ADOOR-689 694.
    5    V.K.MATHEW
         VATTVELIL VADAKKETHIL, PANNIVIZHA, ADOOR
         P.O.,PATHANAMTHITTA-689 694.
    6    PONNAMMA VARGHESE AGED 62 YEARS
         VATTAVELIL, PANNIVIZHA, ADOOR P.O,PATHANAMTHITTA-
         689 694.
         BY ADVS.
         SRI.A.BALAGOPALAN
         SMT.V.DEEPA
         SRI.M.N.MANMADAN
         SRI.A.RAJAGOPALAN
         SRI.R.SURAJ KUMAR
         SRI.SUNIL J.CHAKKALACKAL
         SMT.P.SEENA
 WP(C) Nos. 10106 & 20023 of 2018

                                   2

OTHER PRESENT:

           SRI.B.S.SYAMANTAK, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, ALONG WITH WP(C).20023/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 WP(C) Nos. 10106 & 20023 of 2018

                                     3



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                        WP(C) NO. 20023 OF 2018
PETITIONER:

            MATHEW VEERAPPALLY
            VEERAPPALLIL HOUSE, PANNIVIZHA, ADOOR VILLAGE, ADOOR
            TALUK.
            BY ADVS.
            SRI.RINNY STEPHEN CHAMAPARAMPIL
            SMT.ASHA ELIZABETH MATHEW


RESPONDENTS:

     1      THE DISTRICT COLLECTOR, PATHANAMTHITTA
            COLLECTORATE, PATHANAMTHITTA
            PIN-689 001.
     2      THE REVENUE DIVISIONAL OFFICER
            RDO OFFICE, ADOOR
            PIN-689 694.
     3      THE TAHASILDAR
            TALUK OFFICE, ADOOR
            PIN-689 694.
     4      THE AGRICULTURAL OFFICER
            AGRICULTURAL OFFICE, ADOOR
            PIN- 689 694.
     5      V.K MATHEW
            VATTAVELIL VADAKKETHIL, PANNIVIZHA, ADOOR
            P.O,PATHANAMTHITTA -
            PIN-689 694.
     6      PONNAMMA VARGHESE
            AGED 62 YEARS
            AGED 62 YEARS, VATTAVELIL,PANNIVIZHA, ADOOR
            P.O,PATHANAMTHITTA
            PIN- 689 694.
 WP(C) Nos. 10106 & 20023 of 2018

                                   4

           BY ADVS.
           B.S.SYAMANTHAK, GOVERNMENT PLEADER
           SRI.A.BALAGOPALAN
           SUNIL J.CHAKKALACKAL
           SRI.SOJO J.KALLIDUKIL
           SMT.P.SEENA


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, ALONG WITH WP(C).10106/2018, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) Nos. 10106 & 20023 of 2018

                                     5

                  P.V. KUNHIKRISHNAN, J.
           -----------------------------------
            W.P.(C).Nos.10106 & 20023 of 2018
           -----------------------------------

          Dated this the 28th day of June, 2024

                              JUDGMENT

When these Writ Petitions is came up for consideration, the counsel for the petitioner submitted that the petitioner in these cases are no more and this Writ Petition can be closed, and the rights of the legal heirs, if any, may be left open.

Therefore, these Writ Petitions are closed leaving open the rights of the legal heirs, if any.

Sd/-

P.V. KUNHIKRISHNAN JUDGE SSG WP(C) Nos. 10106 & 20023 of 2018 6 APPENDIX OF WP(C) 10106/2018 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 10-04-2017 OF ADOOR VILLAGE.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 21-02- 2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 20-03- 2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 22-03-2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 29-03-2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF REPORT APPEARED IN THE MANGALAM DAILY DATED 15-05-2017.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 08- 01-2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 A TRUE COPY OF THE REPORT DATED 19-01-2018 SUBMITTED BY THE 2ND RESPONDENT BEFOE THE 1ST RESPONDENT.

WP(C) Nos. 10106 & 20023 of 2018 7 APPENDIX OF WP(C) 20023/2018 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 10/04/2017 OF ADOOR VILLAGE.

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT DATED 21/02/2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE COMPLAINT DATED 20/03/2017 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE REPORT DATED 22/03/2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 29/03/2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF REPORT APPEARED IN THE MANGALAM DAILY DATED 15/05/2017.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE REPRESENTATION DATED 08/01/2018 SUBMITTED BY THE PETITIONER.

EXHIBIT P9 A TRUE COPY OF THE REPORT DATED 19/01/2018 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE COMPLAINT DATED 08/06/2017 SUBMITTED BY SMT. MARIYAMMA, BEFORE THE 2ND RESPONDENT.

EXHIBIT P11 A TRUE COPY OF THE NOTICE DATED WP(C) Nos. 10106 & 20023 of 2018 8 17/07/2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P12 A TRUE COPY OF THE COMPLAINT DATED 13/09/2017 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P13 A TRUE COPY OF THE COMPLAINT DATED 08/01/2018 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P14 PHOTOGRAPHS SHOWING THE ILLEGALLY CONVERTED PADDY LAND.

EXHIBIT P15 A TRUE COPY OF THE INTERIM ORDER DATED 04/04/2018 IN WP(C) NO. 10106/2018.

EXHIBIT P16 A TRUE COPY OF THE NOTICE DATED 10/05/2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 15/05/2018 ISSUED BY THE 2ND RESPONDENT. WP(C) Nos. 10106 & 20023 of 2018 9