Kerala High Court
Hayath Charitable Trust vs State Of Kerala on 28 May, 2024
WP(C) No.22264/2023 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. 22264 OF 2023
PETITIONER:
HAYATH CHARITABLE TRUST, AGED 56 YEARS, REG.NO.-328/13, MUTHULLIYAL
INCHAMUDI P.O, THRISSUR,REPRESENTED BY ITS SECRETARY , ABDULLA K.K,
AGED 56 YEARS, S/O KUNJUMOIDU, KODANCHERY HOUSE, INCHAMUDI P.O,
THRISSUR, PIN - 680564
RESPONDENTS:
1. STATE OF KERALA REPRESENTED BY SECRETARY REVENUE DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE CIVIL STATION,
THRISSUR, PIN - 680003
3. TAHSILDAR THRISSUR TALUK, TALUK OFFICE,THRISSUR, PIN - 680003
4. VILLAGE OFFICER CHERPU VILLAGE OFFICE,CHERPU, THRISSUR, PIN - 680561
5. CHERPU GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY GRAMA PANCHAYAT
OFFICE, CHERPU,CHERPU P.O, THRISSUR, PIN - 680561
6. SECRETARY CHERPU GRAMA PANCHAYAT,GRAMA PANCHAYAT OFFICE, CHERPU
CHERPU P.O, THRISSUR, PIN - 680561.
7. GOVERNMENT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
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 issue an interim order directing the 5th respondent to number
the building of the petitioner without insisting payment as per ext.p10,
pending disposal of this writ petition.
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
24.07.2023 and upon hearing the arguments of M/S K.I.SAGEER & MUHAMMED
YASIL Advocates for the petitioner, SRI. R.RAJPRADEEP,(SC) for R5 & R6,
the court passed the following:
WP(C) No.22264/2023 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.22264/2023 3/3 Order Date : 28-05-2024
APPENDIX OF WP(C) 22264/2023
Exhibit-P1 A TRUE COPY OF THE LETTER ISSUED BY THE AGRICULTURAL
OFFICER, KRISHI BHAVAN, CHERPU DATED 19.02.2015
Exhibit-P2 A TRUE COPY OF THE BUILDING PERMIT NO.A2-3075/15 DATED
13.05.2015 ISSUED BY THE 5TH RESPONDENT
Exhibit-P3 A TRUE COPY OF THE JUDGMENT DATED 17.06.2014 IN WRIT
PETITION (CIVIL) NO.15264/2014 OF THIS HON'BLE COURT
ExhibitP4 A TRUE COPY OF THE JUDGMENT DATED 21.08.2020 IN WRIT
PETITION (CIVIL) NO.16040/2020 OF THIS HON'BLE COURT
Exhibit-P5 TRUE COPY OF THE COMMON ORDER/JUDGEMENT DATED
19.02.2021 IN R.P NO.816/2020 IN WRIT PETITION (CIVIL)
NO.16040/2020 OF THIS HON'BLE COURT
Exhibit-P6 A TRUE COPY OF THE ORDER NO.B7/6084/2019 DATED
01.10.2022 OF THE 2ND RESPONDENT
Exhibit-P7 A TRUE COPY OF THE LETTER DATED 23.03.2015 OF THE 5TH
RESPONDENT
Exhibit-P8 A TRUE COPY OF THE LETTER DATED 28.12.2022 SUBMITTED BY
THE PETITIONER TO THE 7TH RESPONDENT
Exhibit-P9 A TRUE COPY OF THE JUDGMENT DATED 12.06.2023 IN WRIT
PETITION (CIVIL) NO.3025/2023
Exhibit-P10 A TRUE COPY OF THE LETTER DATED 13.06.2023 OF THE 6TH
RESPONDENT
Exhibit-P11 A TRUE COPY OF THE INTERIM ORDER DATED 17.05.2021 IN
