Kerala High Court
Vijayan M vs The District Collector on 12 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942
WP(C).No.26304 OF 2020(K)
PETITIONER:
VIJAYAN M.,
AGED 46 YEARS, S/O RAMAN,
RESIDING AT MAMBARAMBU THODIKA, P.O.VELLAYOOR,
MALAPPURAM DISTRICT, PIN-679 327.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS:
1 THE DISTRICT COLLECTOR,
COLLECTORATE, CIVIL STATION,
MALAPPURAM DISTRICT-676 505.
2 KALIKKAVU GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, KALIKKAVU P.O.,
MALAPPURAM DISTRICT-676 525.
3 THE TAHSILDAR,
NILAMBUR TALUK, P.O.NILAMBUR,
MALAPPURAM DISTRICT-679 329.
4 PRADEEP,
S/O POOVANCHERRY VASUDEVAN, RESIDING AT VELLAYOOR
AMSOM, NILAMBUR TALUK, P.O.VELLAYOOR,
MALAPPURAM DISTRICT-679 327.
R2 BY ADV. SRI.EBIN MATHEW
R4 BY ADV. SRI.R.RAJESH KORMATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P. (C) No. 26304 of 2020 2
W.P. (C) No.26304 of 2020
-----------------------------------------------
JUDGMENT
Petitioner seeks permission to withdraw the writ
petition with liberty to file a fresh writ petition on the same
cause of action, if circumstances warrant.
Having regard to the peculiar facts and
circumstances of the case, permission sought for by the
petitioner is granted.
Sd/-
P.B.SURESH KUMAR, JUDGE.
YKB
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER PASSED BY THE
OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS DATED 21.12.2018
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
2ND RESPONDENT DATED 4.11.2020
EXHIBIT P3 TRUE COPY OF THE SKETCH PREPARED BY
THE VILLAGE OFFICER, VELLAYOOR
EXHIBIT P4 A TRUE COPY OF THE REMINDER VIDE
NUMBER G-14158/2011 DATED 3/7/2012
ISSUED BY THE SUB COLLECTOR
PERINTHALMANNA
EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION FROM
THE 3RD RESPONDENT TAHASILDAR DATED
18/7/2018
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) TRUE COPY OF THE PLAINT DATED 4.4.2019
IN OS NO.160 OF 2019 ON THE FILE OF
THE COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(B) TRUE COPY OF THE ORDER DATED 4.4.2019
IN I.A.NO.695 OF 2019 ON THE FILE OF
THE COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(C) TRUE COPY OF THE ORDER DATED 10.4.2019
IN I.A.NO.726 IN IA. 695 OF 2019 IN OS
NO.160 OF 2019 ON THE FILE OF THE
COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(D) TRUE COPY OF THE ORDER DATED
24.06.2019 IN I.A.NO.942 OF 2019 IN
IA. 695 OF 2019 IN OS NO.160 OF 2019
ON THE FILE OF THE COURT OF THE
MUNSIFF OF MANJERI.
EXHIBIT R4(E) TRUE COPY OF THE ORDER DATED
14.08.2019 IN I.A.NO.1438 OF 2019 IN
IA. 695 OF 2019 IN OS NO.160 OF 2019
ON THE FILE OF THE COURT OF THE
MUNSIFF OF MANJERI.
EXHIBIT R4(F) TRUE COPY OF I.A.NO.1706 OF 2019 AND
THE ACCOMPANYING AFFIDAVIT DATED
24.08.2019 IN OS NO.160 OF 2019 ON THE
FILE OF THE COURT OF THE MUNSIFF OF
MANJERI.
EXHIBIT R4(G) TRUE COPY OF THE CERTIFICATE DATED
17.08.2019 ISSUED BY THE SECRETARY OF
THE SECOND RESPONDENT PANCHAYATH
EXHIBIT R4(H) TRUE COPY OF REGISTERED ASSIGNMENT
DEED DATED 9.4.1991 OF SUB REGISTER
OFFICE WANDOOR
EXHIBIT R4(I) TRUE COPY OF THE REPORT DATED
9.11.2012 SUBMITTED BY SECRETARY OF
THE SECOND RESPONDENT PANCHAYATH TO
THE SUB DIVISIONAL MAGISTRATE,
PERINTHALMANNA
EXHIBIT R4(J) TRUE COPY OF THE REPORT DATED
10.04.2019 SUBMITTED BY THE
COMMISSIONER DEPUTED IN OS NO.160 OF
2019 ON THE FILE OF THE COURT OF THE
MUNSIFF OF MANJERI.
EXHIBIT R4(K) TRUE COPY OF SKETCH DATED 10.04.2019
SUBMITTED BY THE COMMISSIONER IN OS
NO.160 OF 2019 ON THE FILE OF THE
COURT OF THE MUNSIFF OF MANJERI.
EXHIBIT R4(L) TRUE COPY OF WRITTEN STATEMENT DAED
22.08.2019 FILED BY DEFENDANTS 2 AND 3
IN OS NO.160 OF 2019 ON THE FILE OF
THE COURT OF THE MUNSIFF OF MANJERI.
//TRUE COPY//
PA TO JUDGE
