Kerala High Court
P.K. Sreedharan Nair vs The Corporation Of Calicut on 6 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.13249 OF 2018(E)
PETITIONER/S:
1 P.K. SREEDHARAN NAIR,
ADVOCATE, RESIDING AT GAYATHRI HOUSE,
ASHOKAPURAM, KOZHIKODE.
2 E. SHYLAJA,
RESIDING AT GAYATHRI HOUSE,
ASHOKAPURAM, KOZHIKODE.
3 BRIJESH P.K.,
RESIDING AT GAYATHRI HOUSE,
ASHOKAPURAM, KOZHIKODE.
BY ADVS.
SRI.K.JAJU BABU (SR.)
SRI.BRIJESH MOHAN
KUM.NEETU VINOD
RESPONDENT/S:
1 THE CORPORATION OF CALICUT
REPRESENTED BY ITS SECRETARY,
KOZHIKODE - 673 032.
2 THE SECRETARY,
CORPORATION OF CALICUT,
KOZHIKODE - 673 032.
R1 BY SRI.G.SANTHOSH KUMAR, SC, KOZHIKODE MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13249 OF 2018
2
W.P.(C)No.13249 of 2018
--------------------------------------------------
JUDGMENT
The learned counsel for the petitioners seeks permission
to withdraw the writ petition without prejudice to the right of the
petitioners to file a fresh writ petition.
Having regard to the peculiar facts and circumstances of
the case, the writ petition is closed without prejudice to the right of
the petitioners to file a fresh writ petition on the same cause of
action, if circumstances warrant.
Sd/-
P.B.SURESH KUMAR, JUDGE
rkj
WP(C).No.13249 OF 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE PLAN ISSUED IN RESPECT OF THE
PROPERTY OF THE PETITIONERS BY THE
VILLAGE OFFICER ON 15.09.2017.
EXHIBIT P2 COPY OF THE LOCATION CERTIFICATE
NO.VO.1880/17 DATED 15.09.2017 ISSUED IN
RESPECT OF THE PROPERTY OF THE
PETITIONERS.
EXHIBIT P3 COPY OF THE POSSESSION CERTIFICATE VIDE
NO.KDS.VO.1880/17/D DATED 15.09.2017
ISSUED IN RESPECT OF THE PROPERTY OF THE
PETITIONERS.
EXHIBIT P4 COPY OF THE PLAN ISSUED IN RESPECT OF THE
PROPERTY OF THE PETITIONERS IN RS.323 BY
THE VILLAGE OFFICER ON 15.09.2017.
EXHIBIT P5 COPY OF THE LOCATION CERTIFICATE
NO.1879/17 DATED 15.09.2017 ISSUED IN
RESPECT OF THE PROPERTY OF THE
PETITIONERS.
EXHIBIT P6 COPY OF THE POSSESSION CERTIFICATE VIDE
NO.KDS.VO.1880/17/D DATED 15.09.2017
ISSUED IN RESPECT OF THE PROPERTY OF THE
PETITIONERS IN RS.323.
EXHIBIT P7 COPY OF THE TAX RECEIPT VIDE NO.Q.80334
DATED 28.03.2008 IN RESPECT OF BUILDING
NO.5/1087 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 COPY OF THE TAX RECEIPT VIDE NO.67 DATED
03.05.2008 IN RESPECT OF BUILDING
NO.5/1087 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9 COPY OF THE TAX RECEIPT VIDE Q.122774
DATED 26.09.2008 IN RESPECT OF BUILDING
NO.5/1088 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P10 COPY OF THE TAX RECEIPT VIDE NO .Q.122773
DATED 26.09.2008 IN RESPECT OF BUILDING
NO.5/1087 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P11 COPY OF THE PLAN OF THE ENTIRE PROPERTY
COVERED BY EXT.P1 TO P6 PREPARED BY THE
HEAD OF SURVEY ON 22.09.2010.
WP(C).No.13249 OF 2018
EXHIBIT P12 COPY OF THE ORDER VIDE NO.TP11/89618/2017
DATED 18.01.2018 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONERS.
EXHIBIT P13 COPY OF THE INFORMATION VIDE
NO.KKB143/17-18 OF THE AGRICULTURAL FIELD
OFFICER OBTAINED UNDER RIGHT TO
INFORMATION ACT.
EXHIBIT P14 COPY OF THE INFORMATION VIDE
NO.A/460/2018/K.DIS DATED 06.03.2018
OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P15 COPY OF THE RELEVANT EXTRACT OF THE
ZONING REGULATIONS PUBLISHED BY THE 1ST
RESPONDENT.
EXHIBIT P16 COPY OF THE PHOTOGRAPHS SHOWING THE
LOCATION OF THE PROPERTY.
EXHIBIT P17 COPY OF THE NOTICE ISSUED BY THE REVENUE
DIVISIONAL OFFICE, KOZHIKODE TO THE
PETITIONERS
