T.P.Ayyappan vs The District Collector

Citation : 2024 Latest Caselaw 12035 Ker
Judgement Date : 10 May, 2024

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Kerala High Court

T.P.Ayyappan vs The District Collector on 10 May, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) No.15411/2024                        1/3                         Order Date : 10-05-2024

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
              Friday, the 10th day of May 2024 / 20th Vaisakha, 1946
                              WP(C) NO. 15411 OF 2024
   PETITIONERS:

      1. T.P.AYYAPPAN, AGED 79 YEARS, S/O. LATE T.P.PAZHANI ACHARY, UNNATHI
         HOUSE, AZHOOR, PATHANAMTHITTA, PIN - 689645
      2. LALITHA AYYAPPAN AGED 70 YEARS W/O T.P.AYYAPPAN,, SREEPARVATHY
         BHAVANAM, UNNATHI HOUSE, AZHOOR, PATHANAMTHITTA, PIN-689645

   RESPONDENTS:

      1. THE DISTRICT COLLECTOR 2ND FLOOR, COLLECTORATE ROAD CHITTOOR,
         PATHANAMTHITTA, PIN - 689645
      2. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, ADOOR,
         PATHANAMTHITTA, PIN - 691523
      3. THE DISTRICT POLICE CHIEF PATHANAMTHITTA, DISTRICT POLICE OFFICE,
         THAZHEVETTIPRAM, PATHANAMTHITTA, PIN - 689645
      4. K-CHERY CHITS PVT. LTD PANAMKUTTYMALA, PUNALUR, KOLLAM- 691 305,
         REP. BY ITS MANAGING DIRECTOR, PIN-691305

        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue directions to the 1st respondent to release forthwith the
   building of the petitioner and handover the vacant possession of the same,
   during the pendency of this writ petition, in the interest of justice.
        This petition coming on for orders upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SHRI. PRAVEEN K. JOY, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.15411/2024                        2/3                      Order Date : 10-05-2024



                             MURALI PURUSHOTHAMAN, J.
                        ---------------------------------------------
                               W.P.(C) No.15411 OF 2024
                      -------------------------------------------------
                           Dated this the 10th day of May, 2024

                                        ORDER

The competent authority (Under Banning of Unregulated Deposit Schemes Act, 2019) Room No.374, Main Block, Government Secretariat, Thiruvananthapuram-

695001, Pin -695001 is suo motu impleaded as additional 5th respondent. The petitioners shall make necessary application before the additional 5 th respondent for release of the building of the petitioners and the additional 5 th respondent shall consider the same and pass appropriate orders in accordance to law within a period of six weeks from the date of receipt of such application.

Post on 07.06.2024.

Sd/-

MURALI PURUSHOTHAMAN JUDGE al/-.

WP(C) No.15411/2024 3/3 Order Date : 10-05-2024 APPENDIX OF WP(C) 15411/2024 Exhibit P1 TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT DATED 17.12.2022 Exhibit P2 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 20.06.2016 Exhibit P3 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2018 Exhibit P4 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2019 Exhibit P5 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2020 Exhibit P6 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2021 Exhibit P7 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2022 Exhibit P8 TRUE PHOTOCOPY OF THE APPLICATION FOR VACANCY REMISSION (30/796/4) BEFORE THE PATHANAMTHITTA MUNICIPALITY DATED 02.03.2024 Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 6244/2021 DATED 04.01.2022 Exhibit P10 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 42255/2023 DATED 15.12.2023 Exhibit P11 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 23237/2023 DATED 08.08.2023 Exhibit P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR DATED 13.02.2024 Exhibit P13 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20.09.2023