Kerala High Court
Narayan vs State Of Kerala on 27 January, 2025
WP(C) NO. 7807 OF 2020 1 2025:KER:6367
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
MONDAY, THE 27th DAY OF JANUARY 2025 / 7TH MAGHA, 1946
WP(C) NO. 7807 OF 2020
PETITIONERS:
1 NARAYAN, AGED 82 YEARS,
S/o KUTTAPPAN, PRAKKDUNKANKAL HOUSE,
KOTTAMURI.P.O., CHANGANASSERY,
KOTTAYAM DISTRICT.
2 JALAJAMANI.S., AGED 69 YEARS,
W/o LATE SRI.GANGADHARAN PILLAI,
KOCHUPURAKAL HOUSE, KOTTAMURI.P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT.
3 RAJESH P.APPUNNY, AGED 43 YEARS,
S/o P.K.APPUNNY, PANICKAVEEDU, PAIPPAD,
KOTTAYAM DISTRICT, PALLICKACHIRA KAVALA.P.O.,
PIN-686537.
4 JIBY P.ABRAHAM, AGED 34 YEARS,
S/o P.M.ABRAHAM, RESIDING AT PARAKKAYIL,
PALLICKACHIRA KAVALA.P.O., PIN-686537.
BY ADVS. SRI.P.HARIDAS
SRI.BIJU HARIHARAN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.P.C.SHIJIN
WP(C) NO. 7807 OF 2020 2 2025:KER:6367
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2 THE DISTRICT COLLECTOR,
KOTTAYAM, PIN - 686001.
3 THE REVENUE DIVISIONAL OFFICER,
KOTTAYAM, 2ND FLOOR, MINI CIVIL STATION,
UNION CLUB ROAD, PUTHENANGADY,
KOTTAYAM, PIN-686001.
4 TAHSILDHAR (LAND RECORDS),
CHANGANASSERY TALUK, OPPOSITE GOVERNMENT MODEL
HSS, KACHERY ROAD, CHANGANASSERY,
KOTTAYAM DISTRICT, PIN-686101.
5 THE LOCAL LEVEL MONITORING COMMITTEE,
PAIPPAD, (CONSTITUTED UNDER THE KERALA
CONSERVATION OF PADDY LAND AND WET LAND ACT,
2008), REPRESENTED BY ITS CONVENOR,
AGRICULTURAL OFFICER, NALUKODY, PAIPPAD,
CHANGANASSERY, PIN-686548.
6 THE AGRICULTURAL OFFICER,
CONVENOR, THE LOCAL LEVEL MONITORING COMMITTEE,
PAIPPAD, NALUKODY, PAIPPAD,
CHANGANASSERY, PIN-686548.
7 THE SECRETARY,
PAIPPAD GRAMA PANCHAYATH, NALUKODY.P.O.,
KOTTAYAM DISTRICT, PIN-686548.
8 VILLAGE OFFICER,
PAIPPAD VILLAGE, PAIPPAD,
CHANGANASSERY, PIN-686548.
WP(C) NO. 7807 OF 2020 3 2025:KER:6367
9 V.C.JOSEPH, DIRECTOR,
PUTHUJEEVAN TRUST CHARITABLE HOSPITAL FOR
PSYCHOLOGICAL MEDICINE, KOTTAMURI.P.O.,
CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686105.
BY ADVS. SRI.MILLU DANDAPANI
SRI.K.SHAJ
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 7807 OF 2020 4 2025:KER:6367
JUDGMENT
The learned counsel for the petitioners seeks permission to
withdraw the writ petition without prejudice to their right to file a
fresh writ petition, in case a cause of action arises. Permission
granted. The writ petition is dismissed as withdrawn.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
DMR/-
WP(C) NO. 7807 OF 2020 5 2025:KER:6367
APPENDIX OF WP(C) 7807/2020
PETITIONERS' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY OF THE 1ST PETITIONER DATED
13.6.2018.
EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY OF THE 2ND PETITIONER DATED
4.1.2020.
EXHIBIT P2(a) TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY OF THE 2ND PETITIONER IN THE
NAME OF HER SON DATED 4.1.2020.
EXHIBIT P3 TRUE COPY OF THE TAX RECEIPT OF THE
PROPERTY OF THE 3RD PETITIONER DATED
26.7.2019.
EXHIBIT P4 TRUE COPY OF THE TAX RECEIPT OF THE 4TH
PETITIONER GENERATED ONLINE DATED NIL.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS
HON;BLE COURT IN WPC.41252/2018 DATED
18.12.2018.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.B-4395/19/K.DS
OF THE 3RD RESPONDENT DATED 6.3.2020.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONERS 1 & 2
BEFORE THE 2ND RESPONDENT DATED
9.3.2020.
EXHIBIT P8 TRUE COPY OF THE APPLICATION UNDER RULE
20 OF THE KERALA PANCHAYAT BUILDING
RULES, 20111 BY THE PETITIONERS 1 & 2
BEFORE THE 7TH RESPONDENT DATED
9.3.2020.
WP(C) NO. 7807 OF 2020 6 2025:KER:6367
EXHIBIT P9 TRUE COPY OF THE MINUTES OF THE MEETING
OF THE LOCAL MONITORING COMMITTEE, OF
PAIPPAD GRAMA PANCHAYATH, HELD ON
23.09.2019.
EXHIBIT P9 TRUE COPY OF THE GIFT DEED EXECUTED BY
THE PHILANTHROPIST
EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE
SECRETARY, GRAMA PANCHAYATH DATED
26/5/2020
EXHIBIT P11 TRUE COPY OF THE ORDER NO.A3-2953/19
DATED 24/7/2019 ISSUED BY THE SECRETARY
GRAMA PANCHAYATH
EXHIBIT P12 TRUE COPY OF THE LETTER OF THE
SECRETARY, PAIPPAD GRAMA PANCHAYATH
DATED 14/8/2019
EXHIBIT P13 TRUE COPY OF OF MINUTES OF THE LLMC
DATED 23/9/2019
RESPONDENTS'
EXHIBITS
EXHIBIT R9A THE PHOTOGRAPHS OF THE PROPERTY
BELONGING TO PUTHUJEEVAN TRUST AND ITS
VICINITY.
EXHIBIT R9B THE TRUE COPY OF REPORT NO.A-
172/2015/KSREC/6958/18 DATED 19.07.2019
OF THE KERALA STATE REMOTE SENSING &
ENVIRONMENTAL CENTRE, GOVERNMENT OF
KERALA TO THE AGRICULTURAL OFFICER,
KRISHI BHAVAN, PAIPPAD IN RESPECT OF THE
PROPERTIES OF THE TRUST.
EXHIBIT R9C THE TRUE COPY OF JUDGMENT DATED
27.09.2019 IN WP(C) NO.24476/2019 OF
THIS HON'BLE COURT.
EXHIBIT R9D THE TRUE COPY OF LETTER NO.A6/1441/20
DATED 05.03.2020 ISSUED BY THE
WP(C) NO. 7807 OF 2020 7 2025:KER:6367
SECRETARY, PAIPPADU PANCHAYAT TO THE
TRUST.
EXHIBIT R9E THE TRUE COPY OF LETTER NO.88/2020 DATED
04.03.2020 ISSUED BY THE MEDICAL OFFIER
OF THE PRIMARY HEALTH CENTRE, PAIPPADU
TO THE TRUST.
EXHIBIT R9F THE TRUE COPY OF ORDER IN PROCEEDINGS
NO. DCKTM/2211/2020-H1 DATED 19.03.2020
OF THE THIRD RESPONDENT (ADDITIONAL
DISTRICT MAGISTRATE, KOTTAYAM)
EXHIBIT R9G THE TRUE COPY OF LETTER NO.A4/4675/19
DATED 20.03.2020 ISSUED BY THE 7TH
RESPONDENT TO THE MANAGING TRUSTEE OF
THE TRUST.
EXHIBIT R9H THE TRUE COPY OF NOTICE DATED 05.05.2020
ISSUED BY THE ENVIRONMENTAL ENGINEER,
POLLUTION CONTROL BOARD TO THE TRUST.
EXHIBIT R9I THE TRUE COPY OF NOTICE NO.A4/1881/20
DATED 08.05.2020 ISSUED BY THE 7TH
RESPONDENT TO THE TRUST.
EXHIBIT R9J THE TRUE COPY OF NOTICE NO.A8/1909/20-
1(1) DATED 14.05.2020 ISSUED BY THE 7TH
RESPONDENT TO THE TRUST.
// TRUE COPY //
P.A. TO JUDGE
