Kerala High Court
Jackson Paul vs Dr.K.A.Ebi on 17 January, 2023
WP(C) NO. 15483 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 15483 OF 2013
PETITIONER/S:
JACKSON PAUL
SON OF P.P.PAUL, PARAYINMEL HOUSE, MUNDAKKAYAM
P.O.KOTTAYAM.
BY ADVS.
SRI.V.G.ARUN
SRI.T.R.HARIKUMAR
RESPONDENT/S:
1 DR.K.A.EBI
KOTTAPPARAYIL, PARATHODE P.O., KANJIRAPPALLY,KOTTAYAM
- 686 512.
2 THE MUNDAKKAYAM GRAMA PANCHAYATH
MUNDAKKAYAM P.O., KOTTAYAM - 686 513,REPRESENTED BY
ITS SECRETARY.
3 THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SRI.LIJI.J.VADAKEDOM
CHITHRA CHANDRASEKHARAN
OTHER PRESENT:
SRI.K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15483 OF 2013 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 15483 of 2013
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Dated this the 17th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers :
(i) "to call for the records leading to Ext-P10 and quash the
same by issuance of a writ of certiorari or any other writ,
direction or order.
(ii) to call for the records leading to Exts-P10,P11 and P12 and
quash the same by issuance of a writ of certiorari or any other
writ, direction or order.
(iii) to grant such other reliefs as this Honourable Court may
deem fit in the circumstances of the case." [SIC]
2. When this writ petition came up for consideration on
19.6.2013, this Court was pleased to stay Exts.P11 and P12 and
that interim order is in force even now. Exts.P11 and P12 are
the steps taken by the Panchayat to evict the petitioner from a
shop owned by the Mundakkayam Grama Panchayat. The writ
petition is pending from 2013 onwards. In such circumstances,
this writ petition need not be retained. The interim order can
be made absolute with liberty to the Panchayat to proceed in
accordance to law if there is any ground to evict the petitioner
now.
Therefore, this writ petition is disposed of with the
following directions :
1) The interim order passed in this case is made
absolute.
2) The 2nd respondent-Panchayat is free to proceed
against the petitioner to evict him from the building in
accordance to law, if necessary, after giving an
opportunity of hearing to the petitioner.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 15483/2013
PETITIONER EXHIBITS
EXT.P-1 COPY OF THE LICENCE ISSUED BY THE
SECOND RESPONDENT DATED 15-2-2000
EXT.P-2 COPY OF THE ELECTRICITY BILL ISSUED TO
THE PETITIONER DATED 21-6-2003.
EXT.P-3 COPY OF THE TELEPHONE BILL ISSUED TO
THE PETITIONER DATED 7-12-2004
EXT.P-4 COPY OF THE JUDGEMENT IN O.S.NO.53 OF
2005 OF THE MUNSIFF COURT, KANJIRAPPALLY DATED
27-7-2006.
EXT.P-5 COPY OF THE NOTICE NO.A2-223/05 OF THE
SECOND RESPONDENT DATED 28-3-2005.
EXT.P-6 COPY OF THE REPLY BY THE PETITIONER
SENT TO THE SECOND RESPONDENT.
EXT.P-7 COPY OF THE ORDER IN O.P NO.1000 OF
2005 OF THE OMBUDSMAN FOR LOCAL SELF GOVERNMENT
INSTITUTIONS THIRUVANANTHAPURAM DATED 21-1-
2006.
EXT.P-8 COPY OF THE JUDGEMENT IN WPC NO.6372 OF
2006 DATED 28-10-2011
EXT.P-9 COPY OF THE COMMUNICATION NO.A2-5406/12
OF THE SECOND RESPONDENT DATED 28-06-2012.
EXT.P-10 COPY OF THE JUDGEMENT IN APPEAL NO.499
OF 2012 OF THE THIRD RESPONDENT DATED 16-3-
2013.
EXT.P-11 COPY OF THE NOTICE NO.A2-2998/13 OF
THE SECOND RESPONDENT DATED 13-6-2013.
EXT.P-12 COPY OF THE RESOLUTION OF THE SECOND
RESPONDENT DATED 12-3-2012.
