M.J.Raju vs The District Collector
2021 Latest Caselaw 161 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.8136 OF 2020(N)


PETITIONER:

               M.J.RAJU,
               AGED 61 YEARS
               S/O. JOHN, MUTTUKONATHU VEEDU, KUMBITHODU, CHETHAKKAL
               VILLAGE, VECHOOCHIRA P.O. RANNY TALUK, PATHANAMTHITTA
               DISTRICT 686 511.

               BY ADVS.
               SRI.K.S.SIVA KUMAR
               SRI.C.B.SREEKUMAR

RESPONDENTS:

      1        THE DISTRICT COLLECTOR,
               COLLECTORATE, PATHANAMTHITTA 689 645.

      2        THE DISTRICT GEOLOGIST,
               MINING AND GEOLOGY DEPARTMENT, DISTRICT OFFICE,
               PATHANAMTHITTA AT MINI CIVIL STATION, ARANMULA P.O.
               PATHANAMTHITTA DISTRICT 689 533.

      3        THE THAHSILDAR,
               TALUK OFFICE, RANNI 689 672.

      4        THE VILLAGE OFFICER,
               CHETHACKAL , RANNI 689 677.

      5        VECHOOCHIRA GRAMA PANCHAYATH,
               REPRESENTED BY ITS SECRETARY, VECHOOCHIRA, RANNI
               TALUK, PATHANAMTHITTA DISTRICT 686 511.

      6        ASSISTANT ENGINEER,
               GRAMA PANCHAYATH, VECHOOCHIRA, RANNI TALUK,
               PATHANAMTHITTA DISTRICT 686 511.

      7        SAJI. T.K.,
               AGED 35 YEARS
               S/O. KUNJUKUTTAN, THADATHIL VEEDU, KUMBITHODU,
               CHETHAKKAL VILLAGE, VECHOOCHIRA P.O., RANNY TALUK,
               PATHANAMTHITTA DISTRICT 686 511.

      8        SANTHOSH A.K.,
 WP(C).No.8136 OF 2020(N)

                               2

             AGED 30 YEARS
             S/O. KOCHUKUNJU, ASARIPARAMBIL, KUMBITHODU,
             CHETHAKKAL VILLAGE, VECHOOCHIRA P.O. RANNY TALUK,
             PATHANAMTHITTA DISTRICT 686 511.

             R5 BY ADV. SMT.LATHA SUSAN CHERIAN
             R7-8 BY ADV. SRI.V.PHILIP MATHEW
             R7-8 BY ADV. SRI.GIBI.C.GEORGE
             R7-8 BY ADV. SRI.E.RADHAKRISHNAN


             BBY ADV SRI.S GOPINATHAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8136 OF 2020(N)

                                      3




                               JUDGMENT

Dated this the 5th day of January 2021

The learned counsel for the petitioner seeks permission to

withdraw the writ petition with liberty. Leaving open all issues, this

writ petition is dismissed as withdrawn with liberty to file a fresh writ

petition.

Sd/-

                                           A.MUHAMED MUSTAQUE
SAS/05/01/2021                                       JUDGE
 WP(C).No.8136 OF 2020(N)




                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE LAND TAX RECEIPT DATED
                     13.06.19.

EXHIBIT P2           TRUE COPY OF THE DEVELOPMENT PERMIT ISSUED

BY THE 5TH RESPONDENT DATED 16.01.19.

EXHIBIT P3 TRUE COPY OF THE APPROVED PLAN.

EXHIBIT P4 TRUE COPY OF THE PERMIT ISSUED BY THE 5TH RESPONDENT DATED 16.01.19.

EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 10.04.18.

EXHIBIT P6 TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 13.09.18.

EXHIBIT P7 TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 26.10.18.

EXHIBIT P8 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 02.12.2019.

EXHIBIT P9 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE DISTRICT POLICE CHIEF, PATHANAMTHITTA DATED 19.12.19.

EXHIBIT P10 TRUE COPY OF THE ORDER NO. A1/4697/19 ISSUED BY THE 5TH RESPONDENT DATED 14.02.2020.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HONBLE COURT IN WPC NO. 2449/2020 DATED 25.02.2020.

RESPONDENTS' EXHIBITS:

EXHIBIT R7 A COPY OF REPRESENTATION DATED 16/12/2019 SUBMITTED BEFORE THE 2ND RESPONDENT

EXHIBIT R7 B COPY OF REPRESENTATION DATED 16/12/2019 SUBMITTED BEFORE THE 3RD RESPONDENT

EXHIBIT R7C COPY OF REPORT DATED 04/01/2020 SUBMITTED BY THE 4TH RESPONDENT WP(C).No.8136 OF 2020(N)

EXHIBIT R5 A COPY OF REPORT SUBMITTED BY THE ASSISTANT ENGINEER, LSGD, VECHOOCHIRA GRAMA PANCHAYAT

EXHIBIT R5 B COPY OF LETTER DATED 6.2.2020 ISSUED BY THE 4TH RESPONDENT TO THE SECRETARY OF THE 5TH RESPONDENT ALONG WITH THE COPY OF THE REPORT SUBMITTED BY THE 5TH RESPONDENT

EXHIBIT R5 C COPY OF DECISION NO-V(1) DATED 14.2.2020 TAKEN BY THE PANCHAYAT COMMITTEE OF THE 5TH RESPONDENT

//TRUE COPY//

P.A. TO JUDGE