Kerala High Court
P.C Joy vs Tahsildar (Lr) on 24 May, 2024
W. P. (C) No. 16172 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 16172 OF 2023
PETITIONERS:
1 P.C JOY, AGED 71 YEARS,
S/O CHACKO VARGHESE, PALLATTU HOUSE,
ANJILITHANAM P.0, KUNNANTHANAM, PATHANAMTHITTA
DISTRICT, PIN - 689582.
2 MARIYAMMA JOY, AGED 69 YEARS,
W/O P.C JOY , PALLATTU HOUSE, ANJILITHANAM P.O.
KUNNANTHANAM, PATHANAMTHITTA DISTRICT, PIN -
689582.
BY ADVS.M/S.LIJU.V.STEPHEN & INDU SUSAN JACOB
RESPONDENTS:
1 TAHSILDAR (LR), MALLAPPALLY, MALLAPPALLY TALUK
OFFICE PATHANAMTHITTA, PIN - 689585.
2 MALLAPPALLY GRAMA PANCHAYAT,
MALLAPPALLY GRAMA PANCHAYAT OFFICE, MALLAPPALLY
WEST P.O., PATHAMANTHITTA, PIN - 689585,
REPRESENTED BY ITS SECRETARY.
3 SECRETARY, MALLAPPALLY GRAMA PANCHAYAT,
MALLAPPALLY GRAMA PANCHAYAT OFFICE, MALLAPPALLY
WEST P.O., PATHANAMTHITTA, PIN - 689585.
BY ADVS.M/S.SWAPNA VIJAYAN & OMANAKUTTAN T.N.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W. P. (C) No. 16172 of 2023
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 16172 of 2023
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Dated this the 24th day of May, 2024
JUDGMENT
The Writ Petition is filed with the following prayers:
"
i. To issue a writ of mandamus or any other writ order or direction
directing the 2nd and 3rd Respondents to issue permit to Petitioners
for construction of compound wall in the 45.5 cents (18.40 ares) of
land comprised in survey No.23/19 in Mallappally Village in
accordance with law.
ii. To issue a writ of Mandamus or any other writ, order or direction
directing the 2nd and 3rd Respondents to consider application
No.1825/22 dated 25-8-2022 and application No.4357/2022 dated
08-12-2022 in accordance with law expeditiously.
iii. Petitioner also prayed that this Hon'ble Court may be pleased to
dispense with the translation of the documents produced in the
vernacular language
AND
iv. To pass such or further orders as the Petitioner may seek and this
Hon'ble Court deem fit to grant."
2. The learned Standing Counsel for the Panchayat submits that
permission has been granted to the petitioners for the construction of a
compound wall on 22.5.2024.
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3. This is recorded. In view of the above submission, no further
orders are required to be passed in this Writ Petition.
The Writ Petition is closed.
Sd/-
MOHAMMED NIAS C. P. ,
JUDGE
MMG
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APPENDIX OF WP(C).NO.16172/2023
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.
1169/2012 DATED 28-5-2012 OF
MALLAPPALLY SUB REGISTER OFFICE
EXHIBIT P2 TRUE COPY OF THE LAND TAX RECEIPT
DATED 22-04-2022 FOR THE YEAR 2022-23
ISSUED BY THE LAND REVENUE DEPARTMENT
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 5-08-2020
IN I.A.NO.1/2020 IN O.S. NO. 265/20 ON
THE FILES OF MUNSIFF'S COURT,
THIRUVALLA
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19-10-
2020 IN W.P.NO.22115/2020 OF THE
HON'BLE HIGH COURT
EXHIBIT P5 TRUE COPY OF THE REPORT DATED 29-7-
2020 OF THE TALUK SURVEYOR, MALLAPALLY
MADE TO THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF THE SKETCH DATED 24-12-
2022 MADE BY THE TALUK SURVEYOR,
MALLAPALLY
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DATED
17-06-2022 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P8 TRUE COPY OF THE RECEIPT OF
PETITIONERS APPLICATION DATED 25-8-
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
27-01-2023 ISSUED BY 3RD RESPONDENT
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EXHIBIT P10 TRUE COPY OF THE PETITIONERS'REPLY TO
THE COMMUNICATION TO THE 3RD
RESPONDENT DATED 10-2-2023
EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED
10-4-2023 ISSUED BY 3RD RESPONDENT
EXHIBIT P12 TRUE COPY OF THE REPLY SENT BY THE
PETITIONERS DATED 6-6-2023 TO EXT.P11
TO THE 3RD RESPONDENT
EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED
21-06-2023 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONERS
