Kerala High Court
Ashok Kumar B 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. 10315 OF 2018
PETITIONER:
ASHOK KUMAR B
AGED 59 YEARS, S/O. BHASKARA PILLAI,IYRAMPALLIL (REMYA
BHAVAN),AZHIYIDATHUCHIRA MURI, KAVUMBHAGOM,THIRUVALLA
TALUK.
BY ADV SRI.R.SANTHOSH BABU
RESPONDENTS:
1 THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT
PATHANAMTHITTA, PIN - 689 645.
2 THE REVENUE DIVISIONAL OFFICER
REVENUE DIVISION, THIRUVALLA, PIN - 689 101.
3 THE PUNCHA SPECIAL OFFICER
COLLECTORATE, ALAPPUZHA, PIN - 688 001.
4 THE AGRICULTURAL OFFICER
PERINGARA GRAMA PANCHAYAT,PERINGARA P.O.,
THIRUVALLA,PIN - 689 101.
5 THE PULIKEEZHU BLOCK PANCHAYAT
REPRESENTED BY ITS SECRETARY,PULIKEEZHU, THIRUVALLA,
PIN - 689 101.
6 THE SECRETARY
PERINGARA GRAMA PANCHAYAT,PERINGARA P.O., THIRUVALLA,
PIN - 689 101.
7 THE SECRETARY
PADAVINAKAM (A DIVISION),PADASEKHARAM, PERINGARA GRAMA
PANCHAYAT,PERINGARA, THIRUVALLA - 689 101.
8 THEVAN CHEERAN
(AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER)VELLAKANDI HOUSE, MEPRAL, THIRUVALLA, PIN -
689 101.
WP(C) NO. 10315 OF 2018
2
9 VASUMATHI
(AGE & FATHER'S NAME NOT KNOWN TO THE
PETITIONER),KOCHUPARACKAL HOUSE,
MEPRAL,THIRUVALLA, PIN - 689 101.
BY ADV SRI.JOSEPH GEORGE
OTHER PRESENT:
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10315 OF 2018
3
P.V.KUNHIKRISHNAN,J.
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W.P (C) No.10315 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"(i). To issue a writ of Mandamus directing the Respondents 3 and 4 to take urgent steps to restore the Vachal thodu passing through the northern boundary of the petitioner's paddy field to its original position more specifically stated In Exts.P-5 to P-9 without any delay:
(ii) To issue a writ of Mandamus directing Respondents 1 to 5 to redress the grievances highlighted by the petitioner in Exhibits P-5 to 2-9 without any delay
(iii). Το issue such other writ,direction or order as this Hon'ble Court deems fit and proper in the circumstances of the case." (SIC)
2. Today, when matter came up for consideration, the counsel for the petitioner submitted that the petitioner is no more. This writ petition is pending before this Court from 2018 onwards. If that is the case, this writ petition need not be retained here. If the legal heirs got any WP(C) NO. 10315 OF 2018 4 surviving grievance, the legal heirs are free to agitate the same separately.
Granting liberty to the legal heirs to do the needful in accordance with law, this writ petition is closed.
Sd/-
P.V.KUNHIKRISHNAN JUDGE bng WP(C) NO. 10315 OF 2018 5 APPENDIX OF WP(C) 10315/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF TAX RECEIPT DATED 13.4.2015 ISSUED BY PERINGARA VILLAGE OFFICER.
EXHIBIT P2 TRUE COPY OF ONLINE APPLICATION SUBMITTED BY PETITIONER.
EXHIBIT P3 TRUE COPY OF RECEIPT DATED 17.4.2017 ISSUED BY KERALA KARSHAKA THOZHILALI WELFARE FUND BOARD.
EXHIBIT P4 PHOTOGRAPHS SHOWING THE NEWLY CONSTRUCTED BUND, LOCATION OF VAHCAL THODU AND PADDY CULTIVATION OF PETITIONER.2 EXHIBIT P5 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT DATED 2.3.2018.
EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 2.3.2018 TO THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF REPRESENTATION DATED 2.3.2018 BEFORE THE 3RD RESPONDENT. EXHIBIT P8 TRUE COPY OF REPRESENTATION DATED 2.3.2018 TO THE 4TH RESPONDENT. EXHIBIT P9 TRUE COPY OF REPRESENTATION DATED 2.3.2018 TO THE 5TH RESPONDENT. RESPONDENTS EXHIBITS EXHIBIT R5(A) TRUE PHOTOCOPY OF PROCEEDINGS NO.A6- 525/18 DATED 16.04.2018 OF THE 3RD RESPONDENT