Krishnankutty vs Prasanth
2024 Latest Caselaw 4506 Ker

Kerala High Court

Krishnankutty vs Prasanth on 6 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                      WP(C) NO. 18283 OF 2016
PETITIONER:

             KRISHNANKUTTY
             AGED 65 YEARS, S/O. NEELAKANDAN S.
             KALATHARA KIZHAKKETHIL, CHERUKOL MURI,
             CHENNITHALA THRIPPARUNTHURA VILLAGE,
             ALAPUZHA DISTRICT-690 551
             BY ADV SRI.B.RENJITHKUMAR

RESPONDENTS:

      1      PRASANTH
             AGED ABOUT 36 YEARS, S/O. PRASANNAKUMARI,
             PRASANTH BHAVANAM, PERINGANDU VILLAGE
             PATHANAMTHITTA DISTRICT-691551.
      2      THE DIRECTOR, DIRECTORATE OF MINING GEOLOGY
             KESAVADASAPURAM, PATTOM PALACE P.O.
             THIRUVANANTHAPURAM-695 004,
      3      THE GEOLOGIST, MINING & GEOLOGY DISTRICT OFFICE
             MINI CIVIL STATION, ARANMULA P.O,
             PATHANAMTHITTA DISTRICT, PIN-686 533
      4      THE VILLAGE OFFICER, PERINGANADU VILLAGE
             PATHANAMTHITTA DISTRICT-691 551
      5      THE REVENUE DIVISIONAL OFFICER
             ADOOR, PATHANAMTHITTA DISTRICT-689 694
      6      THE STATION HOUSE OFFICER
             ADOOR POLICE STATION, ADOOR,
             PATHANAMTHITTA DISTRICT, PIN-689 694.
OTHER PRESENT:

             SRI RIYAL DEVASSY, GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.02.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18283/2016

                                          2



                      P.V.KUNHIKRISHNAN, J.
                       --------------------------------
                      W.P.(C).No.18283 of 2016
                ----------------------------------------------
             Dated this the 06th day of February, 2024


                               JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to receive and act upon Ext.P2 within a time bound and to prevent further excavation of soil from the neighbourhood property covered under Ext.P1.

ii. Grant such other reliefs as this Honorable Court would deem fit and proper.

iii. Allow the costs of the petitioner. (SIC)

2. It is submitted that the petitioner is no more. The

main prayer in this writ petition is to consider Ext.P2

representation within a time frame. Since the petitioner is no

more, no orders can be passed in this case. If the legal heirs of

the petitioner want to agitate the case, that right is left open.

With the above observation, this writ petition is disposed

of.

sd/-

JV P.V.KUNHIKRISHNAN, JUDGE

APPENDIX OF WP(C) 18283/2016

EXHIBIT-P1: TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 23.9.2015

EXHIBIT-P2: TRUE COPY OF THE COMPLAINT DATED 13.5.2016 SUBMITTED BEFORE THE VILLAGE OFFICER, PERINGANAD BY THE PETITIONER

EXHIBIT-P3: TRUE COPY OF THE COMPLAINT DATED 13.5.2016 SUBMITTED BEFORE THE VILLAGE OFFICER, PERINGANAD BY THE PETITIONER

EXHIBIT-P4: TRUE COPY OF THE COMPLAINT DATED 24.5.2016 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER