Kollappan vs State Of Kerala
2025 Latest Caselaw 9631 Ker

Kerala High Court

Kollappan vs State Of Kerala on 13 October, 2025

W.P.(C) No.7831 of 2022                1




                                                    2025:KER:75712

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

     MONDAY, THE 13TH DAY OF OCTOBER 2025 / 21ST ASWINA, 1947

                          WP(C) NO. 7831 OF 2022


PETITIONERS:

      1       KOLLAPPAN,AGED 80 YEARS
              S/O PADMANABHAN, VALLIKONAM ROADARIKATHU VEEDU,
              VATTAPPARA P O, NEDUMANGAD, THIRUVANANTHAPURAM, PIN-
              695028.

      2       SANTHA P.AGED 70 YEARS
              W/O KOLLAPPAN, RESIDING AT VALLIKONAM ROADARIKATHU
              VEEDU, VATTAPPARA P O, NEDUMANGAD,
              THIRUVANANTHAPURAM, PIN-695028.


              BY ADVS.
              SRI.SREEKANTH S.NAIR
              SMT.SHARI N.B.




RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
              SECRETARIAT, THIRUVANANTHAPURAM P O, PIN-695001.

      2       THE DISTRICT POLICE CHIEF
              THIRUVANANTHAPURAM RURAL, OFFICE OF DISTRICT POLICE
              CHIEF, THIRUVANANTHAPURAM RURAL, PALAYAM P O,
              THIRUVANANTHAPURAM, PIN-695033.

      3       STATION HOUSE OFFICER
              VATTAPPARA POLICE STATION, VATTAPPARA P O,
              NEDUMANGAD, THIRUVANANTHAPURAM, PIN-695028.

      4       THE DISTRICT COLLECTOR
              THIRUVANANTHAPURAM DISTRICT, COLLECTORATE,
              KUDAPANAKUNNU P O, THIRUVANANTHAPURAM, PIN-695043.

      5       REVENUE DIVISIONAL OFFICER
              CIVIL STATION, NEDUMANGAD P O, THIRUVANANTHAPURAM,
 W.P.(C) No.7831 of 2022                 2




                                                   2025:KER:75712

              PIN-695541.


      6       SECRETARY
              KARAKULAM PANCHAYAT, KARAKULAM P O,
              THIRUVANANTHAPURAM,              PIN-695564.

      7       THE GEOLOGIST
              DISTRICT OFFICE, DEPARTMENT OF MINING AND GEOLOGY,
              KESAVADASAPURAM, PATTOM P O, THIRUVANANTHAPURAM-
              695004

      8       RAMAN CHETTIAR,AGED 67 YEARS
              S/O ARJUNANCHETTIAR, VIDYABHAVAN, VALLIKONAM,
              VATTAPPARA P O, NEDUMANGAD, THIRUVANANTHAPURAM, PIN-
              695028.

      9       D.MOSES, AGED 62 YEARS
              S/O DANAM,THEJUS, ,VALLIKONAM, VATTAPPARA P
              ONEDUMANGAD, THIRUVANANTHAPURAM, PIN-695028.


              BY ADVS.
              GOVERNMENT PLEADER
              SRI.S.PREMJITH KUMAR
              SRI.M.ABDUL RASHEED
              SRI.C.A.CHACKO
              SMT.K.S.SHARMILA
              SRI.GOVIND PADMANAABHAN
              SMT.C.M.CHARISMA



OTHER PRESENT:

              GP- NIMA JACOB


          THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
13.10.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.7831 of 2022                                3




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                                  VIJU ABRAHAM, J.
                  .................................................................
                               W.P.(C) No.7831 of 2022
                  .................................................................
                   Dated this the 13th day of October, 2025

                                        JUDGMENT

A memo dated 27.03.2024 has been filed seeking withdrawal

of the writ petition.

Memo dated 27.03.2024 is recorded and the writ petition is

dismissed as withdrawn.

Sd/-

VIJU ABRAHAM JUDGE

cks

2025:KER:75712

APPENDIX OF WP(C) 7831/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOGRAPHS OF PETITIONERS DWELLING SHED PROPERTY AND WELL. Exhibit P2 TRUE COPY OF PLAINT IN OS NO.342/2009 FILED BY 9TH RESPONDENT.

Exhibit P3 TRUE COPY OF URGENT COMMISSION REPORT FILED IN OS NO. 342/2009 BY COMMISSIONER ADVOCATE.

Exhibit P4 TRUE COPY OF WRITTEN STATEMENT FILED IN OS NO. 342/2009 BY PETITIONERS. Exhibit P5 TRUE COPY OF COMPROMISE PETITION FILED BY PETITIONERS AND 9TH RESPONDENT IN OS NO.342/2009.

Exhibit P6 TRUE COPY OF PLAINT IN OS NO. 418/2009 FILED BY 8TH RESPONDENT.

Exhibit P7 TRUE COPY OF JUDGMENT IN OS NO.

418/2009.

Exhibit P8 TRUE COPY OF EP NO. 276/2016 FILED BY 8TH RESPONDENT.

Exhibit P9 TRUE COPY OF PLAINT IN OS NO. 496/2018 FILED BY 9TH RESPONDENT.

Exhibit P10 TRUE COPY OF COMPLAINT DATED 29.05.2018 FILED BEFORE THE 3RD RESPONDENT BY 2ND PETITIONER.

Exhibit P11 TRUE COPY OF COMPLAINT DATED 2.06.2018 FILED BEFORE THE 5TH RESPONDENT BY 2ND PETITIONER.

Exhibit P12 TRUE COPY OF COMPLAINT DATED 2.06.2018 FILED BEFORE THE 6TH RESPONDENT BY 2ND PETITIONER.

Exhibit P13 TRUE COPY OF COMPLAINT DATED 2.06.2018 FILED BEFORE THE CIRCLE INSPECTOR OF VENJARAMOOD POLICE STATION BY 2ND PETITIONER.

Exhibit P14 TRUE PHOTOGRAPHS OF ILLEGAL DIGGING AND TRANSPORTATION OF SOIL BY 8TH RESPONDENT.

Exhibit P15 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 1ST RESPONDENT BY 2ND PETITIONER.

Exhibit P16 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 2ND RESPONDENT BY 2ND

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PETITIONER.

Exhibit P17 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 4TH RESPONDENT BY 2ND PETITIONER.

Exhibit P18 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 5TH RESPONDENT BY 2ND PETITIONER.

Exhibit P19 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 6TH RESPONDENT BY 2ND PETITIONER.

Exhibit P20 TRUE COPY OF PETITION DATED 21.01.2022 FILED BEFORE THE 7TH RESPONDENT BY 2ND PETITIONER.

RESPONDENT ANNEXURES

ANNEXURE R7(a) TRUE COPY OF THE LETTER NO.2911/DOT/ML/2022 DATED 01.07.2022 ISSUED TO THE SECRETARY, KARIKULAM GRAMA PANCHAYAT ANNEXURE R7(b): TRUE COPY OF THE FIELD INSPECTION REPORT DATED 30.06.2022