Citation : 2024 Latest Caselaw 13895 Ker
Judgement Date : 28 May, 2024
WP(C) No.7676/2023 1/3 Order Date : 28-05-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
WP(C) NO. 7676 OF 2023
PETITIONER:
SHIJU, AGED 47 YEARS, S/O RAMAN, MANAGING PARTNER, SENS RESIDENCY,
MADATHETHUKUDI HOUSE,OKKAL, ERNAKULAM DISTRICT., PIN - 683550.
RESPONDENTS:
1. PARIYARAM GRAMAPANCHAYATH REPRESENTED BY ITS SECRETARY,
PARIYARAM.P.O, THRISSUR DISTRICT, PIN - 680721.
2. SECRETARY PARIYARAM GRAMAPANCHAYATH, PARIYARAM.P.O, THRISSUR
DISTRICT, PIN - 680721.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to consider the completion report and
plan evidenced by ext.p6 without insisting on payment of any amount under
rule 12(9) of the Kerala Conservation of Paddy and Wetland rules in view
of Ext.P3 judgment of this hon'ble court and pass orders thereon, pending
disposal of the above Writ Petition (C).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
21.03.2023 and upon hearing the arguments of M/S V.M.KRISHNAKUMAR &
P.S.SIDHARTHAN Advocates for the petitioner, SRI.R.RAJPRADEEP, (SC) for
the respondents, the court passed the following:
WP(C) No.7676/2023 2/3 Order Date : 28-05-2024
MOHAMMED NIAS C.P, J.
========================
W.P.(C.) Nos. 2785/2021, 2012/2021, 14441/2021,
22561/2021, 26871/2021, 26974/2021, 27477/2021,
5997/2022, 20560/2022, 25734/2022, 27851/2022,
28494/2022, 29722/2022, 34951/2022, 34973/2022,
36576/2022, 39287/2022, 42019/2022, 42802/2022,
233/2023, 459/2023, 591/2023, 697/2023, 2515/2023,
7097/2023, 7676/2023, 15372/2023, 20897/2023,
20976/2023, 22264/2023, 24368/2023, 24457/2023,
25372/2023, 28799/2023, 33196/2023, 36531/2023,
9005/2024, 10292/2024, and 10532/2024
========================
Dated this the 28th day of May, 2024
ORDER
Parties are directed to complete their pleadings within three
weeks. Learned Government Pleader is directed to ensure that all the
respondents are given a copy of the counter affidavit filed along with
the adoption memo.
It will be open to the petitioners to file a convenience compilation
a week before the date for hearing.
Post for hearing on 21.06.2024.
Sd/-
MOHAMMED NIAS C.P
JUDGE
LU WP(C) No.7676/2023 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 7676/2023 Exhibit P1 TRUE COPY OF THE BASIC TAX RECEIPT OF PETITIONER'S PROPERTY DATED 31.05.2022 Exhibit P2 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA DATED 21.12.2020 Exhibit3 TRUE COPY OF THE DECISION REPORTED IN 2022 (5) KHC 522 (ABAD BUILDERS PRIVATE LIMITED V. STATE OF KERALA) Exhibit P4 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER IRINJALAKUDA DATED 11.07.2022 Exhibit P5 TRUE COPY OF BUILDING PERMIT ISSUED BY THE 1ST RESPONDENT DATED 31.08.2022 Exhibit P6 TRUE COPY OF ACKNOWLEDGMENT RECEIPT DATED 27.02.2023 ISSUED BY THE 1ST RESPONDENT PANCHAYATH EVIDENCING REPORT OF COMPLETION OF THE BUILDING FOR WHICH THE BUILDING PERMIT WAS GRANTED AS PER EXT.P5 Exhibit P7 TRUE COPY OF THE INTERIM ORDER IN WP(C).NO.6784/2023 DATED 28.02.2023
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