Aksin George, S/O.George vs Maneed Grama Panchayath
2024 Latest Caselaw 4670 Ker

Citation : 2024 Latest Caselaw 4670 Ker
Judgement Date : 6 February, 2024

Kerala High Court

Aksin George, S/O.George vs Maneed Grama Panchayath 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. 19930 OF 2015
PETITIONERS:

   1     AKSIN GEORGE, S/O.GEORGE, AGED 33 YEARS
         THOATTATHIMALAHIL, MANAVALAN VEETI,
         EZHAKKARANADU, MANEEDU, ERNAKULAM DISTRICT,
         REPRESENTED BY HIS P/A. HOLDER GEROGE.
   2     ANU MATHEW, AGED 28 YEARS, D/O.JOHN MATHEW,
         NOORJAHAN, THOATTATHIMALAHIL, MANAVALAN VEETI,
         EZHAKKARANADU, MANEEDU, ERNAKULAM DISTRICT,
         REPRESENTED BY HIS P/A.HOLDER GEROGE.
         BY ADVS.
         SRI.C.M.NAZAR
         SRI.MANSOOR.B.H.
RESPONDENTS:

   1      MANEED GRAMA PANCHAYATH
          REPRESENTED BY ITS SECRETARY, MANEED P.O.,
          ERNAKULAM DISTRICT, PIN-685 864.
   2      THE DISTRICT GEOLOGIST, MINING AND GEOLOGY
          DEPARTMENT, CIVIL STATION, KAKKANAD.
   3      STATION HOUSE OFFICER
          PIRAVOM POLICE STATION, ERNAKULAM DISTRICT.
          BY ADVS.
          SMT.SHEEBA V.GEORGE
          SRI.SUNU P.JOHN, SC
          SRI B S SYAMANTAK, GP
THIS    WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P(C).19930/2015
                                            2



                 P. V. KUNHIKRISHNAN, J.
              -------------------------------------------
                  W.P(C).No.19930 of 2015
              -------------------------------------------
           Dated this the 6th day of February, 2024

                                JUDGMENT

The above Writ Petition is filed with the following prayers:

1) To call for the records leading to Ext P5 and quash the same by issuing a writ of certiorari.

2) To direct the respondents 1 and 3 not to interfere with the extraction, removal and transportation of earth from the property covered by Ext P1 and not to cause obstruction in any manner.

3. To declare that Ext P5 resolution passed by the first respondent Panchayath is illegal and nonest and without any authority.

[SIC]

2. When this Writ petition came up for consideration on

02.07.2015, this Court passed the following order:

'Heard. Admit.

Issue notice to R1 by speed post. The learned GP takes notice for R2 & R3.

The respondent panchayath is directed not to W.P(C).19930/2015

implement Ext.P5 against the petitioners if they have undertaken the construction and removal of earth from the work site on the basis of a valid permit.'

3. In the light of the above order, no further order is

necessary.

Therefore, recording the order dated 02.07.2015, this Writ

Petition is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/ W.P(C).19930/2015

PETITIONER EXHIBITS EXT.P1. TRUE COPY OF THE BUILDING PERMIT BEARING NO.A4/2833/2014 DATED 26/9/2014. EXT.P2. TRUE COPY OF THE JUDGMENT DATED 15/12/2014 IN WPC 33779/2014.

EXT.P3. TRUE COPY OF THE APPLICATION DATED 22/12/2014 AND ITS RECEIPT EXT.P4. TRUE COPY OF THE CHALAN RECEIPT DATED 7/2/2015. EXT.P5. TRUE COPY OF THE RESOLUTION DATED 24/7/2007 PASSED BY THE 1ST RESPONDENT EXT.P6. TRUE COPY OF THE INTERIM ORDER IN WPC NO.5603/2015.