M.V.Abraham vs State Of Kerala
2023 Latest Caselaw 4283 Ker

WP(C) No. 17071 of 2022          1




             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                          WP(C) NO. 17071 OF 2022


PETITIONERS:

     1       M.V.ABRAHAM,
             AGED 70 YEARS
             S/O LATE T.M. VARGHESE, PULIMPALLIL HOUSE, NIRANAM
             P.O., KADAPRA, THIRUVALLA, PATHANAMTHITTA
             DISTRICT, PIN:- 689626.
     2       VARKEY VARGHESE,
             PULIMPALLI HOUSE, NIRANAM P.O., KADAPRA,
             THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN:689626.
     3       THOMAS VARGHESE,
             PULIMPALLI HOUSE, NIRANAM P.O., KADAPRA,
             THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN:689626.
             BY ADVS.
             P.HARIDAS
             BIJU HARIHARAN
             SHIJIMOL M.MATHEW
             P.C.SHIJIN
             RISHIKESH HARIDAS


RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
             REVENUE, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM. PIN -695001.
     2       REVENUE DIVISIONAL OFFICER,
             OFFICE OF THE REVENUE DIVISIONAL OFFICER,
             THIRUVALLA TALUK, PATHANAMTHITTA. PIN - 689101.
     3       TAHSILDAR (LAND RECORDS) THIRUVALLA,
             TALUK OFFICE, THIRUVALLA, PATHANAMTHITTA. PIN-
             689101.
     4       KADAPRA GRAMA PANCHAYATH,
             REPRESENTED BY ITS SECRETARY, NIRANAM P.O.
             PATHANAMTHITTA DISTRICT. PIN - 689621.
             BY ADV N.UNNIKRISHNAN
             GP - SYAMANTHAK B.S.
 WP(C) No. 17071 of 2022          2


      THIS     WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION      ON   31.03.2023,      THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No. 17071 of 2022        3



                        VIJU ABRAHAM , J.
             ===========================
                    WP(C) No. 17071 of 2022
            ============================
              Dated this the 31st day of March, 2023

                           JUDGMENT

When the matter was taken up for consideration, the

learned counsel for the petitioner submitted that the writ petition

may be dismissed as infructuous.

Recording the said submission, the writ petition is dismissed

as infructuous.

Sd/-

VIJU ABRAHAM JUDGE

sbk/-

APPENDIX OF WP(C) 17071/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF THE 2ND RESPONDENT ADDRESSED TO THE SECRETARY OF THE GRAMA PANCHAYAT DATED 24.07.2014. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE 2ND RESPONDENT DATED 15.11.2014. Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) 32438/2014 OF THIS HON'BLE COURT DATED 03.12.2014.

Exhibit P4 TRUE COPY OF THE LICENCE DATED 03.05.2021.

Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 22.10.2020. Exhibit P6 TRUE COPY OF RESOLUTION OF THE PANCHAYAT COMMITTEE DATED 27.10.2020. Exhibit P7 TRUE OF THE RECEIPT NO.6027242 FROM THE 4TH RESPONDENT DATED 21.02.2021. Exhibit P7 A TRUE OF THE RECEIPT NO. 1767181 FROM THE 4TH RESPONDENT DATED 21.02.2021. Exhibit P7 B TRUE OF THE RECEIPT NO. 1767182 FROM THE 4TH RESPONDENT DATED 21.02.2021. Exhibit P8 TRUE COPY OF THE LETTER OF 4TH RESPONDENT ADDRESSED TO THE PETITIONER DATED 21.4.2022.

RESPONDENT EXHIBITS Exhibit R4(A) A TRUE COPY OF POSSESSION CERTIFICATE NO.58474531 DATED 30-08-2021. Exhibit R4(B) A TRUE COPY OF PROPERTY TAX RECEIPT NO.KL03050205045/2021 ISSUED BY THE VILLAGE OFFICE, KADAPRA.

Exhibit R4(C) A TRUE COPY OF LETTER NO. A3-3056/14 DATED 24-07-2014 ISSUED BY REVENUE DIVISIONAL OFFICER TO 4TH RESPONDENT. Exhibit R4(D) A TRUE COPY OF G.O.(RT) NO.214/2017/LSGD DATED 01-11-2017.

Exhibit R4(E) A TRUE COPY OF REPORT NO.A2-1087/22 DATED 27-04-2022 SUBMITTED BY 4TH RESPONDENT.

Exhibit R4(F) A TRUE COPY OF LETTER FILE NO.DICPTA/424/2022-R DATED 31-05-2022 ISSUED BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, PATHANAMTHITTA ALONG WITH A COPY OF RESOLUTION DATED 28-04- 2022.