Molly Jacob vs The Deputy Director Of Panchayath
2021 Latest Caselaw 5867 Ker

Citation : 2021 Latest Caselaw 5867 Ker
Judgement Date : 18 February, 2021

Kerala High Court

Molly Jacob vs The Deputy Director Of Panchayath on 18 February, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

  THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                      WP(C).No.828 OF 2016(C)


PETITIONERS:

      1        MOLLY JACOB,
               AGED 63 YEARS, W/O.JACOB THOMAS,
               MULAMOOTTIL HOUSE, KOZHENCHERRY,
               PATHANAMTHITTA DISTRICT.

      2        JACOB THOMAS,
               AGED 69 YEARS, MULAMOOTTIL HOUSE,
               KOZHENCHERRY, PATHANAMTHITTA DISTRICT.

               BY ADV. SRI.ARUN.B.VARGHESE

RESPONDENTS:

      1        THE DEPUTY DIRECTOR OF PANCHAYATH,
               OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT,
               PATHANAMTHITTA-689 645.

      2        THE TOWN PLANNER,
               OFFICE OF THE TOWN PLANNER, 3RD FLOOR,
               MINI CIVIL STATION, PATHANAMTHITTA-689 645.

      3        KOZHENCHERRY GRAMA PANCHAYAT,
               KOZHENCHERRY, PATHANAMTHITTA DISTRICT-689 641,
               REPRESENTED BY ITS SECRETARY.

      4        THE SECRETARY
               KOZHENCHERRY GRAMA PANCHAYAT, KOZHENCHERRY,
               PATHANAMTHITTA DISTRICT-689 641.

      5        STATE OF KERALA
               REPRESENTED BY SECRETARY, DEPARTMENT OF LOCAL
               SELF GOVERNMENT INSTITUTIONS, KERALA GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

               R1, R3 BY ADV. SRI.JACOB P.ALEX
               R1 BY ADV. SRI.JOSEPH P.ALEX
               SMT.G.RANJITA GOVERNMENT PLEADER

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.828 of 2016

                                ..2..




                    W.P.(C) No.828 of 2016
               --------------------------------------


                         JUDGMENT

The learned counsel for the petitioners seeks

permission to withdraw the writ petition. The permission

sought for is granted and the writ petition is dismissed as

withdrawn.

Sd/-

P.B.SURESH KUMAR JUDGE YKB W.P.(C)No.828 of 2016

..3..

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF RECEIPT NO 57 DT 11-5-1999 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P13(A) COPY OF RECEIPT NO 63 DATED 1-2-2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P16(A) COPY OF THE LETTER DT 16-7-2014 FROM THE FIRST RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P16(B) COPY OF THE REPLY DT 3-8-2014.

EXHIBIT P17(A) COPY OF RECEIPT NO.8178597 DT 30-3-

2015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

EXHIBIT P2 COPY OF RECEIPT NO 51 DT 30-9-1999 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P3 COPY OF RECEIPT NO 40 DT 27-9-2001 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P4 COPY OF RECEIPT NO 34 DT 20-9-2002 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P5 COPY OF RECEIPT NO 10 DT 27-3-2003 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P6 COPY OF RECEIPT NO 52 DT 30-9-2004 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P7 COPY OF RECEIPT NO 70 DT 1-10-2005 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

W.P.(C)No.828 of 2016

..4..

EXHIBIT P8 COPY OF RECEIPT NO 74 DT 13-3-2008 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P9 COPY OF RECEIPT NO 99 DT 12-4-2010 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P10 COPY OF RECEIPT NO 4656989 DT 18-3-

2013 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P11 COPY OF RECEIPT NO 1086498 DT 29-5-

2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P12 COPY OF RECEIPT NO 1086499 DT 29-5-

2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P13 COPY OF RECEIPT NO 64 DT 1-12-2014 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT PANCHAYAT.

EXHIBIT P14 COPY OF COMMUNICATION DT 22-5-2014.

EXHIBIT P15 COPY OF CERTIFICATE DT 12-6-2014 ISSUED BY THE VILLAGE OFFICER, KOZHENCHERRY.

EXHIBIT P16 COPY OF THE LETTER DT 1-7-2014 FROM THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P17 COPY OF REPRESENTATION DT 30-3-2015 SUBMITTED BY THE FIRST PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P18 COPY OF REPRESENTATION DATED 30-3-2015 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P19 COPY OF RECEIPT NO.8178596 DT. 30-3-

2015 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

W.P.(C)No.828 of 2016

..5..

EXHIBIT P20 COPY OF REPRESENTATION DT 17-11-2015 SEND BY THE PETITIONER TO THE FIRST RESPONDENT.

EXHIBIT P21 COPY OF ACKNOWLEDGMENT CARD AND POSTAL RECEIPT.

EXHIBIT P22 COPY OF REPRESENTATION DT 16-12-2015 SEND BY THE PETITIONERS TO THE 2ND RESPONDENT.

EXHIBIT P23 COPY OF COMMUNICATION DT 23-12-2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF A BUILDING PERMIT ISSUED BY THE PANCHAYAT SECRETARY.

EXHIBIT R2(B) TRUE COPY OF THE COMPLAINT DATED 10/02/2014.

EXHIBIT R2(C) TRUE COPY OF THE LETTER DATED 10/10/2013.

EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 03/03/2014.

EXHIBIT R2(E) TRUE COPY OF THE LETTER DATED 12/02/2016.

EXHIBIT R4(A) TRUE COPY OF THE REPORT PREPARED ON EXHIBIT P17.

EXHIBIT R4(B) TRUE COPY OF THE REPORT PREPARED ON EXHIBIT P18.

EXHIBIT R4(C) TRUE COPY OF THE SITE INSPECTION REPORT BEARING NO. 42/BP/AE/LSGD/KZY DATED 22/04/2014 SUBMITTED BY THE ASSISTANT ENGINEER OF THE PANCHAYAT.

EXHIBIT R4(D) TRUE COPY OF THE NOTICE BEARING NO.C5-

3489/15 DATED 05/06/2015 ISSUED BY W.P.(C)No.828 of 2016

..6..

THIS RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT R4(E) TRUE COPY OF THE LETTER BEARING NO.

C/132/14 DATED 14/09/2015 ISSUED BY THE 2ND RESPONDENT TO THIS RESPONDENT.

EXHIBIT R4(G) TRUE COPY OF THE LETTER BEARING NO.

C/132/14/K.DIS. DATED 29/10/2015.

EXHIBIT R4(H) TRUE COPY OF THE NOTICE BEARING NO.

C5-3362/2015 DATED 07/01/2016 TO THE 1ST PETITIONER BY THIS RESPONDENT.

EXHIBIT R4(I) TRUE COPY OF THE REPLY (UNDATED) SUBMITTED BY THE PETITIONER TO EXHIBIT R4(H).

EXHIBIT R4(J) TRUE COPY OF THE ORDER DATED 21/03/2016 IN APPEAL NO.100/2016 OF THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM.

EXHIBIT R4(K) TRUE COPY OF THE EXPLANATION SUBMITTED BY THE 1ST PETITIONER ON 24/05/2016.