Varghese Devassy vs Secretary, Chalakudy ...
2021 Latest Caselaw 22687 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 24164 OF 2021
PETITIONER:

          VARGHESE DEVASSY, AGED 53 YEARS
          S/O.DEVASSY, CHENGINIMATTOM HOUSE, CHALAKUDY, THRISSUR
          DISTRICT, REP. BY POWER OF ATTORNEY HOLDER BOBI
          DEVASSY, 61 YEARS, S/O.DEVASSY, CHENGINIMATTOM HOUSE,
          CHALAKUDY P.O., THRISSUR DISTRICT.

          SRI.V.M.KRISHNAKUMAR
          SMT.P.R.REENA
          SMT.MAYA M.
          SRI.P.S.SIDHARTHAN



RESPONDENTS:

    1     SECRETARY, CHALAKUDY MUNICIPALITY
          MUNICIPAL OFFICE, CHALAKUDY, THRISSUR DISTRICT,
          PIN - 680 307 (OFFICER UNDER THE LAND CONSERVANCY ACT).

    2     THE REVENUE DIVISIONAL OFFICER
          OFFICE OF REVENUE DIVISIONAL OFFICER, IRINJALAKUDA,
          THRISSUR, PIN - 680 121.

          BY ADV SHEEJO CHACKO, SC
          SMT AMMINIKKUTTY, SR.GP.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24164 OF 2021
                                       2


                                 JUDGMENT

Even though there are various allegations, assertions

and averments made in this writ petition, I do not think this

Court will be required to consider the same on its merits, on

account of certain intervening developments.

2. The learned Senior Government Pleader,

Smt.K.Amminikutty, submits that Ext.P8 statutory appeal has

already been disposed of by the second respondent and that

an order has been issued.

3. Smt.P.R.Reena, learned counsel for the petitioner,

affirmed the same, but submitted that her client has obtained

a copy of the said order only on 11.11.2021. She, therefore,

prayed for two weeks' time for her client to invoke necessary

statutory appeal against the same.

Taking note of the afore submissions, I order this writ

petition without acceding to any of the prayers in this writ

petition and leaving all the rival contentions of the parties

open, to be pursued by them appropriately; however,

directing that any coercive action pursuant to Ext.P7 will WP(C) NO. 24164 OF 2021

stand deferred for a period of two weeks from the date of

receipt of a copy of this judgment, so as to enable the

petitioner to invoke the afore remedy without the threat of

any imminent action.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 24164 OF 2021

APPENDIX OF WP(C) 24164/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER OF THE SECRETARY CHALAKUDY MUNICIPALITY DATED 27.10.2021

Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.16567/2021 DATED 12/08/2021.

Exhibit P3 TRUE COPY OF BASIC TAX RECEIPT DATED 4/8/2021 ISSUED IN THE NAME OF PETITIONER'S MOTHER ELIAMMA.

Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.BA-

616/07-08 DATED 24/07/2008 ISSUED BY THE 1ST RESPONDENT MUNICIPALITY.

Exhibit P5 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER'S BUILDING.

Exhibit P6 TRUE COPY OF THE DECISION REPORTED IN 2015 KHC 7105.

Exhibit P7 TRUE COPY OF THE ORDER OF 1ST RESPONDENT CHALAKUDY MUNICIPALITY AND DATED 23/07/2021.

Exhibit P7A TRUE COPY OF THE FORM NO.C NOTICE DATED 23/07/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE APPEAL FILED UNDER S.16 OF THE LAND CONSERVANCY ACT ON 04/08/2021, WITHOUT ANNEXURES.

Exhibit P9 TRUE COPY OF THE STAY PETITION DATED 04/08/2021 FILED ALONG WITH EXT.P5 APPEAL.