Kerala High Court
Salimol Justine vs The Village Officer, Piravom Village on 28 May, 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
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 3511 OF 2017
PETITIONERS:
1 SALIMOL JUSTINE
W/O MICHAEL JUSTINE, AGED 52 YEARS, RESIDING AT PATTALATH
HOUSE, MUNDAMVELI MURI, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT. REPRESENTED BY POWER OF ATTORNEY
HOLDER, K.B.ANTONY, S/O BAVU, AGED 60 YEARS, RESIDING AT
KONNOTH HOUSE, MOOLAMKUZHY MURI, RAMESWARAM VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT.
2 MICHAEL JUSTINE
S/O P.M. GEORGE, AGED 55 YEARS, RESIDING AT PATTALATH HOUSE,
MUNDAMVELI MURI, RAMESWARAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, REPRESENTED BY POWER OF ATTORNEY
HOLDER, K.B. ANTONY, S/O BAVU, AGED 60 YEARS, RESIDING AT
KONNOTH HOUSE, MOOLANKUZHY MURI, RAMESWARAM VILLAGE,
KOCHI TALUK, ERNAKULAM DISTRICT.
BY ADV SRI.JITHIN VARGHESE
RESPONDENTS:
1 THE VILLAGE OFFICER,
PIRAVOM VILLAGE, ERNAKULAM DISTRICT - 686 664.
2 THE DISTRICT COLLECTOR, COLLECTORATE
ERNAKULAM DISTRICT - 682 030.
3 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
4 THE LOCAL LEVEL MONITORING COMMITTEE
PIRAVOM MUNICIPALITY, ERNAKULAM DISTRICT, REPRESENTED BY
ITS CONVENOR, AGRICULTURAL OFFICER, PIRAVOM,
ERNAKULAM DISTRICT, PIN - 686 664.
5 THE DISTRICT LEVEL AUTHORIZED COMMITTEE
ERNAKULAM DISTRICT, REPRESENTED BY ITS CHAIRMAN,
REVENUE DIVISIONAL OFFICER (RDO), FORTKOCHI,
WP(C) NO.3511 OF 2017
2
ERNAKULAM DISTRICT, PIN - 682 002.
6 THE DISTRICT POLICE CHIEF
ERNAKULAM (RURAL) DISTRICT, ALUVA,
ERNAKULAM -682 101.
BY ADV.
SRI.RIYAL DEVASSY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.3511 OF 2017
3
P.V.KUNHIKRISHNAN, J.
--------------------------------------------
W.P.(C) No.3511 of 2017
----------------------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"1. Issue a writ of certiorari or any other appropriate
writ, direction or order by calling for the records
leading to the issuance of exhibit P6 stop memo
issued by the first respondent and set aside the
same as illegal.
2. Declare that no permission from any of the
authorities are required to refill the clay mined pits
in the property of petitioners by using ordinary earth
for the purpose of cultivation.
3. Issue a writ of mandamus or any other
appropriate writ, orders or direction to the
respondents not to interfere in the activity of
petitioners by refilling the clay mined pits in their
property by using ordinary earth.
WP(C) NO.3511 OF 2017
4. Issue such other writ, orders or directions, which
this Honourable Court may deem fit and proper in
the interest of justice and circumstances of the case."
SIC
2. The writ petition is pending before this
Court from 2017 onwards. Probably, the prayers in
this writ petition might have been infructuous. If
there is any fresh cause of action, the same is left
open.
With the above observation, this writ petition is
closed.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.3511 OF 2017
APPENDIX OF WP(C) 3511/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED
BY THE FIRST RESPONDENT TO THE FIRST
PETITIONER DATED 20.6.2016.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED
20.6.2016 ISSUED BY THE FIRST
RESPONDENT TO THE SECOND
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE TITLE DEED OF THE
PROPERTY OF FIRST PETITIONER DATED
5.5.2016.
EXHIBIT P4 TRUE COPY OF THE TITLE DEED OF THE
PROPERTY OF SECOND PETITIONER DATED
15.3.2016.
EXHIBIT P5 TRUE COPY OF THE COMMON JUDGMENT
OF THIS HONORABLE COURT DATED
26.3.2009 IN WPC NO.29726/2008 AND
4799/2008.
EXHIBIT P6 TRUE COPY OF THE STOP MEMO DATED
1.6.2016 ISSUED BY THE FIRST
RESPONDENT TO THE PETITIONERS.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY//
PA TO JUDGE
