Kerala High Court
A.T.Skariya vs State Of Kerala on 15 February, 2022
WP(C) NO. 19364 OF 2012 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
WP(C) NO. 19364 OF 2012
PETITIONER/S:
1 A.T.SKARIYA
AGED 55 YEARS
S/O.THOMMON, RESIDING AT ARAKKUDI, EDAKKAL, NENMENI
AMSOM, POST AMBALAVAYAL, WAYANAD.
2 P.V.RAMACHANDRAN
AGED 58 YEARS
S/O.VASU PANIKKAR, RESIDING AT PUTHANVEETTIL,
EDAKKAL, NENMENI AMSOM, POST AMBALAVAYAL, WAYANAD.
3 T.N.RAJAMMA
AGED 82 YEARS
D/O.NEELAKANTAN, RESIDING AT PUTHANVEETTIL, EDAKKAL,
NENMENI AMSOM, POST AMBALAVAYAL, WAYANAD.
4 ASHOKRAJ RAVEENDRAN
S/O.RAVEENDRAN, RESIDING AT GOVINDA BHAVANAM,
EDAKKAL, NENMENI AMSOM, POST AMBALAVAYAL, WAYANAD.
5 SIBIRAJ
AGED 36 YEARS
S/O.RAVEENDRAN, RESIDING AT GOVINDA BHAVANAM,
EDAKKAL, NENMENI AMSOM, POST AMBALAVAYAL, WAYANAD.
BY ADVS.
SRI.B.KRISHNAN
SRI.R.PARTHASARATHY
SRI.RAJESH V.NAIR
SMT.SEEMA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR
WP(C) NO. 19364 OF 2012 2
DEPARTMENT OF ARCHAEOLOGY, SREEPADAM PALACE,
FORT.P.O., THIRUVANANTHAPURAM-695 028.
3 THE DISTRICT COLLECTOR
COLLECTORATE, WAYANAD-673 121.
4 THE TAHSILDAR
SULTHAN BATHERI TALUK, WAYANAD-673 592.
5 THE SECRETARY
NENMENI GRAMA PANCHAYATH, NENMENI, SULTHAN BATHERY-
673 592.
6 THE SUB DIVISIONAL MAGISTRATE
MANANTHAWADI, WAYANAD DISTRICT. 670 645.
BY ADV SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL
OTHER PRESENT:
SRI.JOBY JOSEPH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 19364 OF 2012 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 19364 of 2012
--------------------------------------
Dated this the 15th day of February, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"(i) Issue a writ of certiorari or other suitable writ
or order quashing the original of Ext P14;
(ii) Issue a writ of mandamus or other suitable writ
or order directing the statutory authorities not to put
on hold requests for permission to make
constructions or conducting trade in the property
held in private title on either side of the road;
(iii) issue a writ of prohibition or other suitable
writ or order restraining the respondents from
interfering with construction work on either side of
the road leading to Edakkal Caves or carrying on
trade in the buildings based on permissions from the
statutory authorities;
(iv) declare by a suitable writ or order that Ext P14
is invalid at the inception as one devoid of powers and
has ceased by passage of time in any view of the
matter; and
(v) Further to make such other writ or order which
the Hon'ble High Court of Kerala deems fit in the
circumstances of the case." [SIC]
2. In the writ petition, Ext.P14 order is challenged. It is
an order passed under Sec.144 Cr.P.C by the Sub Divisional
Magistrate, Mananthavady. This Court on 29.01.2013 passed
an interim order in the above writ petition, which is extracted
hereunder:
"The prayer in the I.A. is to direct the 5th respondent to
consider the application preferred by the petitioner for
permission to effect necessary construction in the property
stated as owned, possessed and enjoyed by the petitioner.
2. The application preferred by the petitioner was not
being entertained by the 5th respondent, mainly with
reference to Ext. P14 order passed by the respondent under
section 144 of Cr. P.C. The learned counsel for the petitioner
submits that, Ext. P14 order was passed as early as on
04.04.2012 and by virtue of the statutory prescription, it has
suffered a natural death, on expiry of 'two months' and hence
it is no more in operation. This being the position, Ext. P14
cannot stand in the way of considering the application
preferred by the petitioner for effecting necessary
construction; receipt of which has been acknowledged as per
Ext. P15.
3. Heard the learned Government Pleader as well.
4. There is no case for the respondents that Ext. P14 order
is still in existence. The factual position has been virtually
conceded by the 6th respondent in paragraph 7 of the counter
affidavit dated 20.09.2012.
5. In the above circumstances, there will be a direction to
the 5th respondent to consider the application preferred by
the petitioner; receipt of which has been endorsed as per Ext.
P15 and pass appropriate orders in accordance with law,
untrammeled by the contents of Ext. P14, which is admittedly
not in existence as on date. This shall be done at the earliest,
at any rate, within six weeks."
In the light of the above order, no further order is
necessary. Therefore, recording the order dated 29.01.2013, this
writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN, JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE DEED OF ASSIGNMENT OF THE FIRST WRIT
PETITIONER DATED 19TH JUNE 1979
EXT.P2 TRUE COPY OF THE DEED OF ASSIGNEMTN OF THE FIRST WRIT
PETITIONER ATED 12TH JANUARY 1996
EXT.P3 TRUE COPY OF THE BUILDING PERMIT ISSUED TO FIRST WRIT
PETITIONER
EXT.P4 TRUE COPY OF THE PATTAYAM ISSUED TO THE 2ND WRIT
PETITIONER DATED 26.10.1974
EXT.P5 TRUE COPY OF THE DEED OF ASSIGNMENT OF THE 3RD PETITIONER
DATED 22ND SEPT 1981
EXT.P6 TRUE COPY OF THE BUILDING PERMIT ISSUED TO THE 3RD
PETITIONER DATED 19.5.2010
EXT.P7 TRUE COPY OF THE LICENCE ISSUED TO THE 3RD PETITIONER.
EXT.P8 TRUE COPY OF THE DEED OF ASSIGNMENT OF THE 4TH PETITIONER
DATED 24TH MAY 1999
EXT.P9 TRUE COPY OF THE DEED OF ASSIGNMENT OF THE 5TH PETITIONER
DATED 22.4.1999
EXT P10 TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVERNMENT OF
KERALA DATED 4TH JULY 1985
EXT.P11 TRUE COPY OF THE REQUEST OF INFORMATION NUNDER THE RTI
ACT
EXT.P12 TRUE COPY OF THE REPLY RECEIVED FOR P12 FROM THE
ARCHELOGICAL DEPARTMENT
EXT.P13 TRUE COPY OF THE DRAWING
EXT.P14 TRUE COPY OF THE ORDER FROM THE 6TH RESPONDENT DATED 4TH
APRIL 2012.
EXT.P15 TRUE COPY OF THE RECEIPT OF APPLICATION OF 5TH PETITIONER
DATED 26.3.2012
RESPONDENT'S EXHIBITS : NIL
