Kerala High Court
Simimole B vs State Of Kerala on 12 September, 2025
WPCNo.24935 of 2025 1
2025:KER:67896
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 24935 OF 2025
PETITIONERS:
1 SIMIMOLE B,AGED 50 YEARS,W/O. K. K. SREEJITH, KARAKKATTU,
ELANTHOOR, PATHANAMTHITTA, PIN - 689643
2 K.K. SREEJITH,AGED 52 YEARS
S/O. K.N. KRISHNAN NAIR, KARAKKATTU, ELANTHOOR,
PATHANAMTHITTA, PIN - 689643
BY ADVS.
SRI.K.T.SAJU
SHRI.SRINATH C.V.
SMT.GAYATHRI RAJAGOPAL
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
KOLLAM, CIVIL STATION, KOLLAM, PIN - 691013
3 ADM, KOLLAM,OFFICE OF THE ADDITIONAL DISTRICT MAGISTRATE,
CIVIL STATION, KOLLAM, PIN - 691013
4 THE TAHSILDAR (LAND RECORDS),
PATHANAPURAM, TALUK OFFICE, CIVIL STATION, PATHANAPURAM,
KOLLAM, PIN - 689695
5 THE TALUK SURVEYOR
PATHANAPURAM, TALUK OFFICE, CIVIL STATION, PATHANAPURAM,
KOLLAM, PIN - 689695
6 THE VILLAGE OFFICER,PATHANAPURAM VILLAGE OFFICE, NADUKKUNNU
P.O., KOLLAM, PIN - 689695.
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7 THE EXECUTIVE ENGINEER,
PWD ROADS DIVISION, KOLLAM, PIN - 691009
8 THE ASSISTANT EXECUTIVE ENGINEER
PWD ROADS SUB DIVISION, PUNALUR, KOLLAM, PIN - 691331
9 THE ASSISTANT ENGINEER
PWD ROADS SECTION, PATHANAPURAM, KOLLAM, PIN - 691305
10 INDIAN OIL CORPORATION LTD
DIVISIONAL OFFICE, THIRUVANANTHAPURAM, GROUND FLOOR, PREMIER
PARK, EANCHAKKAL BYPASS ROAD, VALLAKADAVU P.O.,
THIRUVANANTHAPURAM REPRESENTED BY ITS DIVISIONAL RETAIL
SALES HEAD, PIN - 695008.
11
DIVISIONAL RETAIL SALES HEAD
INDIAN OIL CORPORATION LTD., DIVISIONAL OFFICE,
THIRUVANANTHAPURAM, GROUND FLOOR, PREMIER PARK, EANCHAKKAL
BYPASS ROAD, VALLAKADAVU P.O., THIRUVANANTHAPURAM, PIN -
695008.
BY ADVS.
SHRI.M.GOPIKRISHNAN NAMBIAR
SRI.B.KRISHNA MANI
SRI.K.BABU THOMAS
SHRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SHRI.PAULOSE C. ABRAHAM
SHRI.RAJA KANNAN
SMT.N.V.SANDHYA
SMT.DHANUJA M.S
SMT.MARYKUTTY BABU
SMT.DRISYA DILEEP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking to quash Ext.P9 prohibitory order dated
27.06.2025 issued by the third respondent. During the pendency of this Writ
Petition, Ext.P9 was recalled by the third respondent. Copy of the order
dated 12.08.2025 issued by the third respondent recalling Ext.P9 has been
produced along with a memo by the learned Senior Government Pleader.
2. I.A.Nos.2/2025 and 4/2025 have been filed by the third parties to
implead them in this writ petition. Respective learned counsel appearing for
the petitioners in I.A.Nos.2 and 4 submitted that the petitioner approached
this Court suppressing material facts including the pendency of civil suits.
They further contended that the order passed by the third respondent
recalling the prohibitory order is improper and they are aggrieved by the
same.
3. The learned Senior Government Pleader, on the other hand,
pointed out that since Ext.P9 order which was under challenge in this writ
petition has been recalled, nothing would survive in this writ petition to be
adjudicated. It is also noticed that WPC No.32667 of 2025 has been filed
challenging the order dated 12.8.2025 passed by the Addl. District Magistrate,
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Kollam by which Ext.P9 order was recalled.
4. As a challenge against the order dated 12.8.2025 has already been
raised by the petitioner in WPC No.32667 of 2025, I am of the view that this
Writ Petition can be closed since the impugned order in this case has been
recalled.
5. I clarify that the contentions of the petitioners in I.A.Nos.2 and 4 of
2025 have not been considered in this writ petition. Those contentions are
left open. It will be open to the petitioners in those interim applications to
challenge the order dated 12.8.2025 separately. Applications for impleading
are closed without prejudice to the said right of the petitioners in the
impleading applications.
Writ Petition is disposed of as above.
Sd/- S.MANU
JUDGE
css/
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APPENDIX OF WP(C) 24935/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 15.02.2024
ISSUED BY THE RESPONDENT NO. 10 THROUGH RESPONDENT
NO. 11 TO THE 1ST PETITIONER
Exhibit P2 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED
09.10.2024 ISSUED BY THE RESPONDENT NO.3 TO THE
Exhibit P3 TRUE COPY OF THE LETTER DATED 12.06.2025 SUBMITTED
Exhibit P4 TRUE COPY OF THE STOP MEMO DATED 17.06.2025 ISSUED
BY RESPONDENT NO. 6 TO THE 2ND PETITIONER
Exhibit P5 TRUE COPY OF THE SKETCH DATED 18.06.2025 PREPARED
BY THE TALUK SURVEYOR, PATHANAPURAM AND COUNTER
SIGNED BY THE HEAD SURVEYOR, PATHANAPURAM ON
19.06.2025
Exhibit P6 TRUE COPY OF THE LETTER DATED 19.06.2025 FORWARDED
BY THE TAHSILDAR (LAND RECORDS), PATHANAPURAM TO
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 20.06.2025
ISSUED BY THE RESPONDENT NO. 9 TO RESPONDENT NO.
Exhibit P8 TRUE COPY OF THE COMMUNICATION DATED 20.06.2025
ISSUED BY THE RESPONDENT NO. 6 TO THE 2ND
PETITIONER
Exhibit P9 TRUE COPY OF THE PROHIBITORY ORDER DATED
27.06.2025 ISSUED BY THE 3RD RESPONDENT TO THE
Exhibit P10 TRUE COPY OF THE REPORT DATED 11.07.2025 AND SKETCH
DATED 07.07.2025 SUBMITTED BY THE DISTRICT SURVEY
SUPERINTENDENT TO THE ADDITIONAL DISTRICT
MAGISTRATE, KOLLAM
Exhibit P11 TRUE COPY OF THE REPORT DATED 08.07.2025 SUBMITTED
BY THE TAHSILDAR, PATHANAPURAM TO THE DISTRICT
COLLECTOR, KOLLAM
RESPONDENT EXHIBITS
Exhibit R12(a) A TRUE COPY OF THE NOTICE DATED 20/10/2015.
Exhibit R12(b) A TRUE COPY OF THE BILL CUM STATEMENT OF ACCOUNTS
DATED 1/3/2015 ISSUED BY THE NEWS PAPER, KERALA
KAUMUDI.
Exhibit R12(c) A TRUE COPY OF THE NOTICE DATED 5/4/2014.
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Exhibit R12(d) A TRUE COPY OF THE COMMUNICATION DATED 11/5/2023
ISSUED BY THE SECRETARY OF THE JANAKEEYA
Exhibit R12(e) A TRUE COPY OF THE NEWSPAPER REPORT IN KERALA
KAUMUDI IN ITS KOLLAM EDITION DATED 24/10/2015
Exhibit R12(f) A TRUE COPY OF THE MEMENTO
Exhibit R12(g) A TRUE COPY OF THE O.S.249/2025 BEFORE THE
MUNSIFF'S COURT, PUNALUR DATED 20/6/2025.
Exhibit R12(h) A TRUE COPY OF THE INTERIM ORDER DATED 15/7/2025
IN O.S.249/2025 BEFORE THE MUNSIFF'S COURT,
PUNALUR
Exhibit R12(i) A TRUE COPY OF THE JUDGMENT DATED 25/6/2025 IN
W.P.(PIL)NO.59/2025 BEFORE THE HON'BLE HIGH COURT
OF KERALA, AT ERNAKULAM
Annexure A1 TRUE COPY OF THE LITHO MAP CONTAINING SURVEY NO.
501, 504 AND 505 OF PATHANAPURAM VILLAGE.
Annexure A2 TRUE COPY COPY OF THE SURVEY PLAN INCLUSDING THE
SURVEY NO. 501/2, 505/1 A AND 505/9 OF PATHANAPURAM
VILLAGE
Annexure A3 TRUE COPY OF SURVEY SETTLEMENT REGISTER DISCLOSING
1 ACRE AND 40 CENTS OF PWD ROAD PURAMBOKE LAND IN
SURVEY NO. 501/2 AND 49 CENTS IN SURVEY NO. 505/9
PATHANAPURAM VILLAGE
Annexure A4 TRUE COPY OF SURVEY PLAN FABRICATED BY COLLUSIVE
AND FRAUDULENT ACTIVITIES SHOWING MEASUREMENT OF
29.83 M ON THE NORTHERN SIDE FOR THE PLOT IN
EXHIBIT P5.
Annexure A5 TRUE COPY OF THE INTERIM ORDER DATED 15-7-2025
DIRECTING STATUS QUO IN IA NO. 1 OF 2025 IN OS.
NO. 249 OF 2025 BY MUNSIFF'S COURT, PUNALUR.
