T.P.Ayyappan vs The District Collector
2024 Latest Caselaw 16069 Ker

Kerala High Court

T.P.Ayyappan vs The District Collector on 7 June, 2024

Author: T.R. Ravi

Bench: T.R.Ravi

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                       WP(C) NO. 15411 OF 2024
PETITIONERS:

    1       T.P.AYYAPPAN
            AGED 79 YEARS
            S/O LATE T.P.PAZHANI ACHARY, UNNATHI HOUSE, AZHOOR,
            PATHANAMTHITTA, PIN - 689645.
    2       LALITHA AYYAPPAN
            AGED 70 YEARS
            W/O T.P.AYYAPPAN,, SREEPARVATHY BHAVANAM, UNNATHI
            HOUSE, AZHOOR, PATHANAMTHITTA, PIN - 689645.

            BY ADV PRAVEEN K. JOY


RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            2ND FLOOR, COLLECTORATE ROAD CHITTOOR, PATHANAMTHITTA,
            PIN - 689645.
    2       THE REVENUE DIVISIONAL OFFICER
            REVENUE DIVISIONAL OFFICE ADOOR, PATHANAMTHITTA,
            PIN - 691523.
    3       THE DISTRICT POLICE CHIEF
            PATHANAMTHITTA DISTRICT POLICE OFFICE THAZHEVETTIPRAM,
            PATHANAMTHITTA, PIN - 689645.
    4       K-CHERY CHITS PVT. LTD
            PANAMKUTTYMALA, PUNALUR, KOLLAM- 691 305, REP. BY ITS
            MANAGING DIRECTOR, PIN - 691305.
    5       ADDL.R5.THE COMPETENT AUTHORITY (UNDER BANNING OF
            UNREGULATED DEPOSIT SCHEMES ACT, 2019)
            ROOM NO.374, MAIN BLOCK, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM- 695001, PIN - 695001 * (ADDL R5 IS
            SUO MOTU IMPLEADED AS PER ORDER DATED 10.05.2024 IN
            WP(C)15411/2024).


            SMT. VIDYA KURIAKOSE. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15411 OF 2024

                                       2

                            T.R. RAVI, J.
                     --------------------------------------
                     WP(C) No.15411 of 2024
                 ----------------------------------------------------
                Dated this the 07th day of June, 2024

                               JUDGMENT

This Court had on 10.05.2024 issued an interim order

directing the petitioners to make the necessary application

before the additional 5th respondent for release of the building

and there was a further direction to the additional 5th

respondent to consider and pass orders on the application

within six weeks from the date of reciept of the application.

2. When the case is taken up, the counsel for the

petitioners submits that the application has been filed on

10.05.2024 itself.

In view of the directions already issued, no further orders

are requried in this case. The writ petition is hence closed

making the interim order absolute.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 15411 OF 2024

APPENDIX OF WP(C) 15411/2024

PETITIONERS' EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE BUILDING TAX RECEIPT DATED 17.12.2022.

Exhibit P2 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 20.06.2016.

Exhibit P3 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2018.

Exhibit P4 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2019.

Exhibit P5 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2020.

Exhibit P6 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2021.

Exhibit P7 TRUE PHOTOCOPY OF THE RENT AGREEMENT DATED 01.03.2022.

Exhibit P8 TRUE PHOTOCOPY OF THE APPLICATION FOR VACANCY REMISSION (30/796/4) BEFORE THE PATHANAMTHITTA MUNICIPALITY DATED 02.03.2024.

Exhibit P9 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 6244/2021 DATED 04.01.2022.

Exhibit P10 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 42255/2023 DATED 15.12.2023. Exhibit P11 TRUE PHOTOCOPY OF THE JUDGMENT IN WPC 23237/2023 DATED 08.08.2023. Exhibit P12 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR DATED 13.02.2024. Exhibit P13 TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20.09.2023.

Exhibit P14 TRUE PHOTOCOPY OF THE PETITION DATED 10.05.2024 SUBMITTED BEFORE THE COMPETENT AUTHORITY (UNDER BANNING OF UNREGULATED DEPOSIT SCHEMES ACT, 2019).