Joice Joseph vs The District Collector
2024 Latest Caselaw 15779 Ker

Kerala High Court

Joice Joseph vs The District Collector on 6 June, 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
 THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                   WP(C) NO. 1440 OF 2017
PETITIONER/S:

    1     JOICE JOSEPH
          AGED 35 YEARS
          S/O JOSEPH, KOTTATHIL, ARUMANOR P.O,
          AYARKKUNAM,KOTTAYAM DISTRICT - 686564.

    2     PRASANNA MOHANAN
          AGED 44 YEARS, W/O MOHANAN NAIR,VALLOMPARAMBIL,
          AYARKUNNAM,ARUMANUR,KOTTAYAM DISTRICT - 686564.

          BY ADVS.
          SRI.RAJAN VISHNURAJ
          SRI.V.HARISH

RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          KOTTAYAM, KOTTAYAM-KUMILY ROAD,
          COLLECTORATE,KOTTAYAM - 686001.

    2     AYARKUNNAM GRAMA PANCHAYATH
          PANCHAYATH OFFICE, AYARKUNNAM P.O,KOTTAYAM
          DISTRICT - 686564, REPRESENTED BY ITS SECRETARY.

    3     THE SECRETARY
          AYARKUNNAM GRAMA PANCHAYTH,PANCHAYATH OFFICE,
          AYARKUNNAM P.O,KOTTAYAM DISTRICT - 686564.

    4     ENVIRONMENTAL ENGINEER
          KERALA STATE POLLUTION CONTROL BOARD,DISTRICT
          OFFICE, KOTTAYAM-686001.

    5     V.K. JANARDHANAN NAIR
          VADAKKEPUTHENPURA HOUSE, VARAPETTY
          P.O,KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.
 W.P.(C) No.1440/2017

                           2


    6      VARKEY SEBASTIAN
           MANDAPATHIL VEETTIL, AYARKUNNAM VILLAGE,
           ARUMANUR KERA, KOTTAYAM DISTRICT - 686564.

           BY ADVS.
           KUM.M .ANJU THOMAS
           SRI.DEEPAK MOHAN
           SRI.JOMY GEORGE
           SRI.PEEYUS A.KOTTAM
           SRI.SEBASTIAN THOMAS


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.1440/2017

                                     3




                 P.V.KUNHIKRISHNAN, J.

            ===========================
                W.P.(C) No.1440 OF 2017
            ===========================

            Dated this the 06th day of June, 2024



                              JUDGMENT

Both sides submitted that, the prayers in this writ

petition are infructuous.

Therefore, this Writ petition is dismissed as

infructuous.

Sd/-

P. V. KUNHIKRISHNAN JUDGE

SLR

APPENDIX OF WP(C) 1440/2017

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE TAX RECEIPT OF THE RESIDENCE, WHEREIN THE 1ST PETITIONER RESIDES.

EXHIBIT P2 A TRUE PHOTOCOPY OF AADHAAR CARD OF THE 2ND PETITIONER.

EXHIBIT P3 A TRUE PHOTOCOPY OF ID CARD OF THE 2ND PETITIONER ISSUED BY THE ANGANWADI UNDER ICDS PROJECT, PALLOM.

EXHIBIT P4 TRUE PHOTOGRAPHS OF THE SITE IN WHICH THE 5TH RESPONDENT IS ESTABLISHING THE HOT MIX PLANT.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE RTI REPLY FROM THE SUPERVISOR, ICDS PROJECT, PALLOM EVIDENCING THE STRENGTH OF THE ANGANWADI.

EXHIBIT P6 A TRUE PHOTOCOPY OF NEWSPAPER ARTICLE DATED 20.12.2016 FEATURED IN MANORAMA DAILY.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE NOTICE DATED 30.11.2016 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE STOP MEMO DATED 09.12.2016 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P9 A TRUE PHOTOCOPY OF THE ORDER NO.

7566/2016 DATED 29.12.2016 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 09.12.2016 IN WPC NO.38356 OF 2016.