Gopakumar M.N vs The Executive Engineer
2022 Latest Caselaw 9421 Ker

Citation : 2022 Latest Caselaw 9421 Ker
Judgement Date : 16 August, 2022

Kerala High Court

Gopakumar M.N vs The Executive Engineer on 16 August, 2022

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
                        WP(C) NO. 226 OF 2018
PETITIONER/S:

               ANEESH A, AGED 26 YEARS
               S/O. AYAPPAN, AGED 26 YEARS, ANEESH BHAVAN,
               AMMAKANTAKARA, PERINGANADU VILLAGE, ADOOR TALUK,
               PATHANAMTHITTA DISTRICT, PIN-691523.
               BY ADV SRI.K.K.SETHUKUMAR


RESPONDENT/S:

    1          THE EXECUTIVE ENGINEER
               PWD ROADS, PATHANAMTHITTA, PATHANAMTHITTA P.O.
    2          THE ASST. EXECUTIVE ENGINEER
               PWD ROADS DIVISION, ADOOR,ADOOR P.0.-691523.
    3          PALLICKAL GRAMA PANCHAYATH
               REPRESENTED BY ITS SECRETARY, PAZHAKULAM P.O.,
               ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-
               691554.
    4          SOMARAJAN
               AGED 55 YEARS
               AGED ABOUT 55 YEARS, S/O. CHELLAPPAN,
               PLAMTHADATHIL, 14TH MILE, PERINGANADU VILLAGE,
               ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-
               691554.
               BY ADVS.
               SRI.K.SHAJ
               SRI.KURIAN GEORGE KANNANTHANAM SR.
               SRI.TONY GEORGE KANNANTHANAM
OTHER PRESENT:

               SMT.DEEPA NARAYANAN, SR. GP
        THIS    WRIT   PETITION     (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 16.08.2022, ALONG WITH WP(C).23349/2017, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                              -2-
W.P.(C) Nos. 23349 of 2017 & 226 of 2018



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 16TH DAY OF AUGUST 2022 / 25TH SRAVANA, 1944
                            WP(C) NO. 23349 OF 2017
PETITIONER/S:

               GOPAKUMAR M.N, AGED 54 YEARS
               D/O.NARAYANAKURUP, AGED 54 YEARS, PRESIDENT,
               BHARATHIYA NANATHA PARTY (BJP), PERINGANADU
               VILLAGE , COMMITTEE,(MUZHANGODIYIL PUTHEN
               VEEDU, PERINGANADU VILLAGE, ADOOR TALUK,
               PATHANAMTHITTA DISTRICT, PIN-691551)
               BY ADV SRI.K.K.SETHUKUMAR


RESPONDENT/S:

      1        THE EXECUTIVE ENGINEER
               PWD ROADS, PATHANAMTHITTA, PATHANAMTHITTA P O.
      2        THE ASSISTANT EXECUTIVE ENGINEER
               PWD ROADS DIVISION, ADOOR, ADOOR P.O, PIN-
               691523.
      3        SECRETARY
               PALLICKAL GRAMA PANCHAYATH, PALLICKAL VILLAGE,
               PAZHAKULAM P O, ADOOR TALUK, PATHANAMTHITTA
               DISTRICT, PIN-691554.
      4        CHELLAPPAN
               AGED 72 YEARS
               AGED ABOUT 72 YEARS, PLAMTHADATHIL, 14TH MILE,
               PERINGANADU VILLAGE, ADOOR TALUK,
               PATHANAMTHITTA DISTRICT, PIN-691554,

               THE 4TH RESPONDENT IS DELETED FROM THE PARTY
               ARRAY AT THE RISK OF THE PETITIONER AS PER THE
               ORDER DATED 16.08.2017 IN IA NO.12818 OF 2017
      5        SOMARAJAN
               AGED 55 YEARS
               AGED ABOUT 55 YEARS, S/O.CHELLAPPAN,
               PLAMTHADATHIL , 14TH MILE, PERINGANADU VILLAGE,
               ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN-
               691554,
                                            -3-
W.P.(C) Nos. 23349 of 2017 & 226 of 2018



               BY ADVS.
               SRI.K.SHAJ
               SRI.KURIAN GEORGE KANNANTHANAM SR.
               SRI.TONY GEORGE KANNANTHANAM
OTHER PRESENT:

               SMT.VIDYA KURIAKOSE, GP



        THIS      WRIT      PETITION       (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 16.08.2022, ALONG WITH WP(C).226/2018, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                    -4-
W.P.(C) Nos. 23349 of 2017 & 226 of 2018



                         P.V.KUNHIKRISHNAN, J.
                          ======================================================

               W.P.(C) Nos. 23349 of 2017 & 226 of 2018
                       =============================================================

                  Dated this the 16th day of August, 2022

                                       JUDGMENT

The learned counsel for the petitioners submitted that

these writ petitions may be dismissed as withdrawn. Therefore,

these writ petitions are dismissed as withdrawn.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C) Nos. 23349 of 2017 & 226 of 2018

APPENDIX OF WP(C) 23349/2017

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCPY OF THE COMPLAINT DTD 18/4/2017 EXHIBIT P2 TRUE COPY OF THE RECEIPT DTD 18/4/2017 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE PHOTO COPY OF THE ORDER NO.A3-

3465/2017 DTD 22/4/2017 EXHIBIT P4 TRUE PHOTO COPY OF THE COMPLAINT DTD 20/6/2017 GIVEN TO THE IST RESPONDENT. EXHIBIT P5 TRUE PHOTO COPY OF THE POSTAL RECEIPTS DTD 3/7/2017 RESPONDENT EXHIBITS EXHIBIT R3(A) THE TRUE COPY OF COMPLAINT DATED 20/04/2017 SUBMITTED BY K.K.SETHUKUMAR, COUNSEL FOR THE PETITIONER, TO THE SECRETARY, PALLIKKAL GRAMA PANCHAYAT. EXHIBIT R3(B) THE TRUE COPY OF INSPECTION REPORT DATED 22/04/2017 SUBMITTED BY AN OFFICIAL OF THE 3RD RESPONDENT PANCHAYAT TO THE SECRETARY OF THE PANCHAYAT.

EXHIBIT R3(C) THE TRUE COPY OF REPLY DATED 06/05/2017 SUBMITTED BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT R3(D) THE TRUE COPY OF REGULARIZATION APPLICATION DATED 15/09/2017 SUBMITTED BY THE FOURTH RESPONDENT TO THE SECRETARY OF THE THIRD RESPONDENT PANCHAYAT.

EXHIBIT R3(E) THE TRUE COPY OF REPLY VIDE LETTER NO.A3-3465/2018 DATED 01/03/2018 SUBMITTED BY THE RESPONDENT TO THE SENIOR SUPERINTENDENT, PERFORMANCE AUDIT UNIT-2 EZHAMKULAM.

EXHIBIT R3(F) THE TRUE COPY OF LETTER NO.G-

5086/2017(1) DATED 03/07/2018 ISSUED BY THE PANCHAYAT DEPUTY DIRECTOR, PATHANAMTHITTA.

W.P.(C) Nos. 23349 of 2017 & 226 of 2018

APPENDIX OF WP(C) 226/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE ORDER NO. A3-

3465/2018 DATED 22.04.2017. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 18.12.2017 GIVEN TO 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 18.12.2017 GIVEN TO 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 18.12.2017 GIVEN TO 3RD RESPONDENT. EXHIBIT P5 TRUE PHOTOCOPY OF THE RECEIPT DATED 19.12.2017 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 ORIGINAL PHOTOGRAPH SHOWING THE UNAUTHORISED COMMERCIAL BUILDING CONSTRUCTED BY THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE LETTER NO.135/2016/AE/PDM, DATED 13.07.2017 GIVEN TO THE TAHASILDAR, ADOOR. EXHIBIT P8 TRUE COPY OF THE NOTICE NO.135/2-016/AE/PDM, DATED 22.01.2018 GIVEN TO THE 4TH RESPONDENT BY THE ASST.ENGINEER, OF THE OFFICE OF THE 2ND RESPONDENT.

EXHIBIT P9 TRUE PHOTOCOPY OF THE NOTICE NO.A2 1534/2017 DATED 14.02.2018 GIVEN TOT EH 4TH RESPODNENT BY THE 2ND RESPONDENT.

EXHIBIT P10 TRUE PHOTOCOPY OF TEH SKETCH PREPARED BYT HE TALUK SURVEYOR, SHOWING THE ENCROACHMENT OF ROAD PURAMPOK. RESPONDENT EXHIBITS EXHIBIT R4A COPY OF THE EXPLANATION DATED NIL.SUBMITTED BY THE PETITIONER EXT.R4 B COPY OF THE APPLICATION FOR REGULARIZATION IN THE PRESCEIBED FORMAT EXT.R4 C COPY OF THE PLAN SUBMITTED ALONG WIHT EXT. R4B EXHIBIT R3 THE TRUE COPY OF THE COMPLAINT DATED 18/04/2017 SUBMITTED BY GOPAKUMAR TO THE SECRETARY, PALLIKKAL GRAMA PANCHAYAT.

W.P.(C) Nos. 23349 of 2017 & 226 of 2018

EXHIBIT R3 THE TRUE COPY OF COMPLAINT DATED 20/04/2017 SUBMITTED BY K.K.SETHUKUMAR, COUNSEL FOR THE PETITIONER, TO THE SECRETARY, PALIKKAL GRAMA PANCHAYAT.

EXHIBIT R3 THE TRUE COPY OF INSPECTION REPORT DATED 22/04/2017 SUBMITTED BY AN OFFICIAL OF THE 3RD RESPONDENT PANCHAYAT TO THE SECRETARY OF THE PANCHAYAT.

EXHIBIT R3 THE TRUE COPY OF REPLY DATED 06/05/2017 SUBMITTED BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT. EXHIBIT R3 THE TRUE COPY OF REGULARIZATION APPLICATION DATED 15/09/2017 SUBMITTED BY THE FOURTH RESPONDENT TO THE SECRETARY OF THE THIRD RESPONDENT PANCHAYAT.

EXHIBIT R3 THE TRUE COPY OF REPLY VIDE LETTER NO.A3-3465/2018 DATED 01/03/2018 SUBMITTED BY THE RESPONDENT TO THE SENIOR SUPERINTENDENT, PERFORMANCE AUDIT UNIT-2, EZHAMKULAM. EXHIBIT R3 THE TRUE COPY OF LETTER NO.G-