George Oommen vs State Of Kerala
2024 Latest Caselaw 13959 Ker

Kerala High Court

George Oommen vs State Of Kerala on 28 May, 2024

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
         FRIDAY, THE 28TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                         WP(C) NO. 11067 OF 2020
PETITIONER/S:

           GEORGE OOMMEN, AGED 60 YEARS
           ENNAKKATTU KPM HOUSE, CHENGANNUR, ALLAPUZHA DISTRICT,
           REPRESETNED BY HIS BROTHER AND POWER OF ATTORNEY HOLDER
           OOMMEN YOHANNA, AGED 70 YEARS, BOTH S/O.T.V OOMMEN,
           ENNAKATTU KPM HOUSE, CHENGANNUR, ALLAPUZHA DISTRICT.

           BY ADVS. M.R.SABU, APARNA RAJAN
           SREEDHAR RAVINDRAN, LAKSHMI RAMADAS



RESPONDENT/S:

     1     STATE OF KERALA
           REP BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF
           GOVERNMENT DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM-695001

     2     CHENGANNUR MUNICIPALITY
           REP. BY ITS SECRETARY, CHENGANNUR.P.O, PIN-689121

     3     ASSISTANT ENGINEER
           KERALA STATE ELECTRICITY BOARD, CHENGANNUR-689121

     4     MOHANAN.V.G, AGED 51 YEARS
           S/O.GOPALAN, VALIYAPRAMBIL, THITTAMEL, CHENGANNUR,
           PRESENTLY RESIDING AT MONISHA SADANAM,
           KANGIRATHUMMOODU, CHENGANNUR.P.O, ALLAPUZHA PIN-
           689121, CHENGANNUR, ALLAPUZHA

     5     V.R.UTHAMAN
           VALIYAPARAMBIL VADAKKETHIL, THITTAMEL, CHENGANNUR.P.O,
           ALAPPUZHA DISTRICT-689121
 W.P.(C) No.11067/2020
                                       -2-


           BY ADVS. SRI.S.HARIKRISHNAN, SC, CHENGANNUR MUNICIPALITY
           SRI.M.R.SUDHEENDRAN,Haridas V N, SRI JUSTIN JACOB Sr GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.11067/2020
                                    -3-




                        JUDGMENT

Learned Counsel for the petitioner submits that the writ

petition has been rendered infructuous.

2. In view of the aforesaid submission, the present

writ petition is dismissed as infructuous. Interim order, if any,

stands vacated.

Sd/-

DINESH KUMAR SINGH JUDGE

jjj

APPENDIX OF WP(C) 11067/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE SKETCH PREPARED BY THE TAHASILDHAR, CHENGANNUR, SHOWING THE NATURE OF ENCROACHMENT DATED 15.09.2018

EXHIBIT P2 A TRUE COPY OF THE PHOTOGRAPH OF THE PROPERTY SHOWING THE LOCATION OF KIOSKS CONSTRUCTED BY THE 4TH AND 5TH RESPONDENT S AND THE VISIBLE EVIDENCE OF ENCROACHMENT

EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 14.03.2016 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 06.06.2016 UNDER THE RIGHT TO INFORMATION ACT SUBMITTED BY OOMMEN YOHANNAN TO THE 2ND RESPONDENT

EXHIBIT P4(A) A TRUE COPY OF THE REPLY DATED 16.6.2016 ISSUED BY THE 2ND RESPONDENT TO OOMMEN YOHANNAN

EXHIBIT P5 A TRUE COPY OF THE ORDER NO.138/DC1/17/LSDGE DATED 24.3.2017 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 14.07.2017 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P6(A) A TRUE COPY OF THE REPLY DTD 17.07.2017 OF THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P7 A TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P8 A TRUE COPY OF THE STATEMENT FILED BY THE GOVERNMENT PLEADER DATED 05.10.2018 IN WP(C)21017/2017 BEFORE THE HON'BLE HIGH COURT OF KERALA

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 15.11.2018 IN WP(C) NO.21017/2017 BEFORE THE HON'BLE HIGH

COURT OF KERALA

EXHIBIT P10 A TRUE COPY OF THE APPLICATION UNDER THE RTI DATED 3.4.2019 SUBMITTED BY OOMMEN YOHANNAN TO THE 2ND RESPONDENT

EXHIBIT P10(A) A TRUE COPY OF THE REPLY DATED 10.4.2019 OF THE 2ND RESPONDENT

EXHIBIT P11 A TRUE COPY OF THE APPLICATION UNDER THE RTI DATED 11.04.2019 SUBMITTED BY THE ONE MR.V.K. SHAJI TO THE 2ND RESPONDENT

EXHIBIT P11(A) A TRUE COPY OF THE REPLY DATED 4.5.2019 OF THE 2ND RESPONDENT

EXHIBIT P12 A TRUE COPY OF THE REPORT SUBMITTED BY THE 2ND RESPONDENT BEFORE THE OMBUDSMAN LOCAL SELF- GOVERNMENT IN OP NO.405/2018 DATED 17.06.2019

EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 11.7.2019 OF THE 2ND RESPONDENT

EXHIBIT P14 A TRUE COPY OF THE APPLICATION UNDER THE RTI DATED 26.08.2019 SUBMITTED BY ONE MR.V.K. SHAJI TO THE 2ND RESPONDENT

EXHIBIT P14(A) A TRUE COPY OF THE REPLY DATED 18.09.2019 OF THE 2ND RESPONDENT

EXHIBIT P15 A TRUE COPY OF THE APPLICATION UNDER RTI ACT SUBMITTED BY OOMMEN YOHANNA DATED 11.10.2019 TO THE 2ND RESPONDENT TOGETHER WITH THE SURVEY FORM

Exhibit P16 TRUE COPY OF THE COMMUNICATION ISSUED BY THE REGIONAL JOINT DIRECTOR TO THE PETITIONER'S WIFE, SMT. LATHA GEORGE NO.G-3143/2019 DATED 04-03- 2020.

Exhibit P17 TRUE COPY OF THE NOTICE OF THE REGIONAL JOINT DIRECTOR TO THE 2ND RESPONDENT NO.G-3143/2019

DATED 18-10-2021.

Exhibit P18 TRUE COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT TO THE JOINT DIRECTOR NO.H3/U.P.A.- 6203/16 DATED 05-02-2021.