Poovanchan vs State Of Kerala
2024 Latest Caselaw 9339 Ker

Kerala High Court

Poovanchan vs State Of Kerala on 3 April, 2024

Author: P Gopinath

Bench: P Gopinath

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
          THE HONOURABLE MR. JUSTICE GOPINATH P.
 WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                  WP(C) NO. 2580 OF 2013


PETITIONER:

         POOVANCHAN
         AGED 67 YEARS, S/O.THEVAN,
         KALATHITHARA VEEDU, CHERANALLOOR VILLAGE,
         KORUMKOTTA DESOM, VADUTHALA P.O.,
         KANAYANNUR TALUK


         BY ADV SRI.GEORGE SEBASTIAN



RESPONDENTS:

    1    STATE OF KERALA
         REP.BY THE SECRETARY TO THE DEPARTMENT OF
         IRRIGATION AND WATER SUPPLY,
         SECRETARIAT,THIRUVANANTHAPURAM-695 001.


    2    THE DISTRICT COLLECTOR
         ERNAKULAM-682 030.


    3    THE REVENUE DIVISIONAL OFFICER
         FORT KOCHI-682 001.


    4    THE CHERANALLOOR GRAMA PANCHAYATH
         REP.BY ITS SECRETARY, CHERANALLOOR-682 034.


    5    THE ASSISTANT EXECUTIVE ENGINEER
         WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY,
         KALOOR, KOCHIN-17.
 W.P.(C) No.2580/2013
                                     -:2:-

      6       BIJU
              S/O.SASIDHARAN,
              PANTHITHARA VEEDU, CHERANALLOOR VILLAGE,
              KORUMKOTTA DESOM, VADUTHALA P.O, PIN-682 023.


              BY ADVS.
                   SRI.T.K.AJITHKUMAR (VALATH)
                   SHRI.P.BENJAMIN PAUL, SC, KERALA WATER
              AUTHORITY
                   SRI.AJITH GEORGE
                   SRI.P.J.MATHEW
                   SRI.P.M.JOHNY
                   SRI.P.M. JOHNY SC



       THIS     WRIT     PETITION    (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON     03.04.2024,   THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.2580/2013
                                  -:3:-



                         JUDGMENT

When this matter is taken up for consideration today, the

learned counsel for the petitioner submits that the petitioner is

no more. He submits that the matter may be adjourned to

enable him to obtain instructions from the legal heirs of the

deceased petitioner.

2. Considering the nature of the issues raised in the writ

petition and the reliefs sought for, I am of the opinion that the

matter need not be adjourned.

The writ petition is closed making it clear that if the legal

heirs of the petitioner have any subsisting grievance in the

matter, it will be open to them to approach this Court by filing a

fresh writ petition on the same cause of action.

Sd/-

                                                GOPINATH P.
ats                                                 JUDGE



                         APPENDIX OF WP(C) 2580/2013

PETITIONER'S EXHIBITS
EXHIBIT P1             A TRUE COPY OF THE DOCUMENT BEARING NO.

635/2012 OF ERNAKULAM SUB REGISTRY DATED 15.12.2012 EXHIBIT P2 A TRUE COPY OF THE WATER SUPPLY CONNECTION WORK ORDER DATED 6.1.2012 ISSUED BY THE 5TH RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 19.9.2012 FILED BEFORE THE SECRETARY OF THE 4TH RESPONDENT EXHIBIT P5 A TRUE COPY OF THE PETITION (OP NO. 226/2012) FILED BEFORE PERMANENT LOK ADALATH, ERNAKULAM EXHIBIT P6 A TRUE COPY OF THE STATEMENT DATED 12.12.2012 FILED BY THE 4TH RESPONDENT BEFORE THE PERMANENT LOK ADALATH, ERNAKULAM. EXHIBIT P7 A TRUE COPY OF THE STATEMENT DATED 8.1.2013 FILED BY THE 6TH RESPONDENT BEFORE THE PERMANENT LOK ADALATH EXHIBIT P8 A TRUE COPY OF THE ORDER PASSED BY THE PERMANENT LOK ADALATH DATED 8.1.2013 EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 15.12.2012 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENT'S EXHIBITS EXHIBIT R6(a) TRUE COPY OF THE ASSIGNMENT DEED IN FAVOUR OF FATHER OF THE 6TH RESPONDENT DATED 25.11.1980.

EXHIBIT R6(b) TRUE COPY OF THE ROUGH SKETCH SHOWING THE LIE OF THE PROPERTIES AND JETTY ROAD.

EXHIBIT R6(c) TRUE COPY OF THE STATEMENT FILED BEFORE THE ADALAT DATED 8.1.2013 BY THIS RESPONDENT.