Rathi vs The District Collector, ...
2023 Latest Caselaw 1177 Ker

WP(C) NO. 30212 OF 2013              1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
                          WP(C) NO. 30212 OF 2013
PETITIONER/S:

               RATHI
               AGED 44 YEARS
               W/O.RAJAN, PUTHENCHIRAYIL HOUSE, MAHADEVIKADU,
               KARTHIKAPPALLY, ALAPPUZHA DISTRICT

               BY ADVS.
               SRI.S.SHANAVAS KHAN
               SMT.S.INDU



RESPONDENT/S:

      1        THE DISTRICT COLLECTOR, ALAPPUZHA
               688 001.

      2        THE VILLAGE OFFICER
               KARTHIKAPPALLY, HARIPAD, ALAPPUZHA DISTRICT 688 001.

      3        THE KARTHIKAPPALLY GRAMA PANCHAYAT
               REPRESENTED BY ITS SECRETARY,
               KARTHIKAPPALLY,HARIPAD, ALAPPUZHA DISTRICT 688 001.

      4        SHABDA LAL
               W/O.LAL PANICKER, KKS BHAVAN, MAHADEVIKADU,
               KARTHIKAPPALLY,HARIPAD, ALAPPUZHA DISTRICT 688 001.

      5        ADDL.R5 THE SUB INSPECTOR OF POLICE
               THRIKUNNAPUZHA, KARTHIKAPPALLY, ALAPPUZHA DISTRICT-
               688001.

      6        ADDL.R6 RAJAPPAN
               S/O KOCHUVELU ACHARI, KONDEKATTIL CHIRAYIL,
               MAHADEVIKADU MURI, KARTHIKAPPALLY, ALAPPUZHA
 WP(C) NO. 30212 OF 2013                 2


               DISTRICT-688001.

      7        ADDL.R7 ANILKUMAR
               S/O SUGATHAN, SARAS, MAHADEVIKADU MURI,
               KARTHIKAPPALLY, ALAPPUZHA DISTRICT-688001.

      8        ADDL.R 8 UNNIKUTTAN
               S/O MOHANAN, KAITHOLAPARAMBIL, MAHADEVIKADU MURI,
               KARTHIKAPPALLY, ALAPPUZHA DISTRICT-688001.

      9        ADDL.R9 PRASOBHINI
               W/O SASIDHARAN, JYOTHIS NIVAS, PALLANA MURI,
               THRIKKUNNAPUZHA VILLAGE, KARTHIKAPPALLY, ALAPPUZHA
               DISTRICT-688001.

      10       ADDL.R10 INDU BAIJU
               AGED 27 YEARS
               MADHAVAM, MAHADEVIKADU MURI, KARTHIKAPPALLY,
               ALAPPUZHA DISTRICT-688001. (ADDL.R5 TO R10 ARE
               IMPLEADED AS PER ORDER DATED 10/01/2014 IN
               IA.NO.81/2014).

              BY ADVS.
              SRI.G.BENO
              SRI.M.R.SUDHEENDRAN



OTHER PRESENT:

               SRI.K.M.FAISAL, GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   18.01.2023,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 30212 OF 2013                 3




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C) No. 30212 of 2013
                     --------------------------------------
               Dated this the 18th day of January, 2023


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(i) Issue a writ of mandamus or any other writ order or direction directing the respondents 2 and 3 to take appropriate steps to prevent the filling of Kondekattil Thodu by the 4th respondent.

(ii) Issue a writ of mandamus or any other writ order or direction directing the 3rd respondent to take action against the 4th respondent for filling the 'Kondekattil thodu'

(iii) Issue a writ of mandamus or any other writ order or direction directing the 3rd respondent to take action to restore the 'Kondekattil thodu' to its original position by removing the gravel laid therein and

(iv) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for consideration on

12.12.2013, this Court passed the following order :

"Though notice in the writ petition has been served on the respondents by special messenger, there is no appearance for

the third respondent. It is submitted by the counsel for the petitioner that by a stop memo No.CS 4666/13 dated 6.12.13, the 4th respondent and others have been directed to stop the work of filling up water channel. In spite of the issue of the said stop memo, it is alleged that the operations are continuing. If such stop memo has been issued, the 3 rd respondent shall enforce the same, if necessary with the assistance of police to ensure that the same is strictly implemented.

Post on 10.01.2014. File counter affidavit in the meantime."

3. Today, when the matter came up for consideration,

the counsel appearing for the 4th respondent submitted that

there is a civil court decree in favour of the 4 th respondent. If

that is the case, this writ petition need not be retained. The

parties will obey the order of the civil court.

Therefore, this writ petition is closed recording the order

dated 12.12.2013, subject to the decision by the civil court, if

any.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 30212/2013

PETITIONER EXHIBITS

EXHIBIT P1 COPY OF THE SALE DEED NO.582/09 OF CHEPPAD SUB REGISTRY

EXHIBIT P2 COPY OF THE RECEIPT DATED 26/11/2012 EVIDENCING THE RECEIPT OF EXT.P2 BY THE 2ND RESPONDENT

EXHIBIT P3 COPY OF THE RECEIPT DATED 26/11/2012 EVIDENCING THE RECEIPT OF EXT.P2 BY THE 2ND RESPONDENT

EXHIBIT P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE THIRD RESPONDENT

EXHIBIT P5 COPY OF THE RECEIPT DATED 26/11/2012 EVIDENCING RECEIPT OF EXT.P4

EXHIBIT P6 COPY OF THE COMMUNICATION DATED 27/11/12 OF THE SECOND RESPONDENT

EXHIBIT P7 COPY OF THE JUDGMENT DATED 3/12/12 IN WPC NO.28696/12 OF THIS HON'BLE COURT

EXHIBIT P8 COPY OF THE RECEIPT EVIDENCING THE SUBMISSION OF THE JUDGMENT OF THIS HON'BLE COURT BEFORE THE THIRD RESPONDENT

EXHIBIT P9 COPY OF THE PHOTOGRAPHS EVIDENCING THE FILLING OF THODU