Parambath Kandi Rabiumma vs Thalassery Municipality
2021 Latest Caselaw 2218 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

 WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA,
                          1942

                  WP(C).No.38133 OF 2018(N)

PETITIONER:

              PARAMBATH KANDI RABIUMMA, AGED 70 YEARS
              D/O. MAMMU, STARVIE HOUSE, CHIRAKKARA,
              CHIRAKKARA P.O., THALASSERY,
              KANNUR DISTRICT - 670 104.

              BY ADV. SRI.SATHEESHAN ALAKKADAN

RESPONDENTS:

     1        THALASSERY MUNICIPALITY
              REP. BY ITS SECRETARY, THALASSERY,
              KANNUR DISTRICT - 670 101.

     2        THE SECRETARY
              THALASSERY MUNICIPALITY, THALASSERY,
              KANNUR DISTRICT - 670 101.

     3        THE ASSISTANT ENGINEER
              SOUTH SECTION, THALASSERY MUNICIPALITY,
              THALASSERY - 670 101.

     4        THE CHIEF TOWN PLANNER
              TOWN AND COUNTRY PLANNING DEPARTMENT,
              OFFICE OF THE CHIEF TOWN PLANNER,
              THIRUVANANTHAPURAM - 695 001.

     5        REVENUE DIVISIONAL OFFICER
              O/O. REVENUE DIVISIONAL OFFICE, NH-17,
              PALLISSERY, THALASSERY, KANNUR - 670 101.

     6        THE STATE OF KERALA
              REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
              SELF GOVERNMENT DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM - 695 001.

              R1-2 BY ADV. SRI.I.V.PRAMOD
              R4-6 BY GOVERNMENT PLEADER SRI. K.J.MANURAJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.38133 of 2018

                                  ..2..



                   W.P.(C) No.38133 of 2018
             -----------------------------------------------


                             JUDGMENT

Having regard to the facts and circumstances of the

case, the writ petition is dismissed as withdrawn, without

prejudice to the right of the petitioner to file a fresh writ

petition on the same cause of action.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds 20.01.2021 W.P.(C) No.38133 of 2018

..3..

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTERED SALE DEED BEARING NO.1376 OF 1976.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE DATED 30/06/2018 ISSUED BY THE AGRICULTURAL OFFICER, THE CONVENOR OF THE LOCAL LEVEL MONITORING COMMITTEE EXCLUDING THE PROPERTY OF THE PETITIONER COVERED IN EXT.P1 DOCUMENT.

EXHIBIT P3 TRUE COPY OF THE POSSESSION CERTIFICATE DATED 16/04/2018.

EXHIBIT P4 TRUE COPY OF THE PLAN SUBMITTED BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 03/09/2018.

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 03/05/2018 ISSUED BY THE THALASSERY MUNICIPALITY IN FAVOUR OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 27/10/2018 SUBMITTED BY THE PETITIONER BEFORE THE REVENUE DIVISION OFFICER, THALASSERY.