Progressive Education And ... vs Venugopalan
2021 Latest Caselaw 23454 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                        WP(C) NO. 19328 OF 2021
PETITIONERS:

    1     PROGRESSIVE EDUCATION AND CHARITABLE TRUST,
          VATTAPPARA, THOZHUVANOOR P.O, MALAPPURAM-676 552,
          REPRESENTED BY ITS MANAGING TRUSTEE, MUTTAYIL
          MOIDEENKUTTY.

    2     V.T. MOHAMMED HANEEFA,
          SECRETARY, PROGRESSIVE EDUCATION AND CHARITABLE TRUST,
          VATTAPPARA, THOZHUVANOOR P.O, MALAPPURAM-676 552

          BY ADV VINAY KUMAR VARMA



RESPONDENTS:

    1     VENUGOPALAN,
          S/O. KUTTIKRISHNAN NAIR, VELIYAKULAM HOUSE, PAIKKANNOOR
          P.O, KUTTIPPURAM, MALAPPURAM-676 552

    2     VALANCHERY MUNICIPALITY,
          MUNICIPAL OFFICE, VALANCHERY,MALAPPURAM-676 552,
          REPRESENTED BY ITS SECRETARY.

    3     SECRETARY, VALANCHERY MUNICIPALITY,
          MUNICIPAL OFFICE, VALANCHERY, MALAPPURAM-676 552


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19328 OF 2021

                                        2




                                    JUDGMENT

I have heard the learned counsel for the petitioners at some

length. I notice that some of the allegations raised in this writ petition

are not supported by materials.

This writ petition is, therefore, dismissed as withdrawn, without

prejudice to the contentions of the parties and without prejudice to

the right of the petitioners to move afresh with proper pleadings and

materials on record.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 19328 OF 2021

APPENDIX OF WP(C) 19328/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF THE THEN SECRETARY OF VALANCHERY GRAMA PANCHAYAT DATED 08.05.2015.

Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE THEN SECRETARY OF VALANCHERY GRAMA PANCHAYAT DATED 12.05.2015.

Exhibit P3 TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE 3RD RESPONDENT DATED 27.10.2015.

Exhibit P4 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 22.12.2015.

Exhibit P5 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 01.01.2016.

Exhibit P6 TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO. 43/2016 OF THE TRIBUNAL.

Exhibit P7 TRUE COPY OF THE OBJECTION AND REPORT TO EXT.

P6 FILED BY THE RESPONDENTS 2 AND 3.

Exhibit P8 TRUE COPY OF THE ORDER OF THE TRIBUNAL FOR LOCAL GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM DATED 09.08.2021 IN APPEAL NO. 43/2016