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Alias vs the Additional District Magistrate

ALIAS vs The Additional District Magistrate

Type Court Judgment Court Kerala Decided Sep 20, 2023
~2 min read
https://sooperkanoon.com/case/1375282

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/5290/2015

Parties & Advocates

Appellant / Petitioner

ALIAS

Respondent

The Additional District Magistrate

Excerpt

.....limited other present: sr.gp-smt.preetha k.k. this writ petition (civil) having come up for admission on 20.09.2023, the court on the same day delivered the following:judgmentpetitioner has approached this court seeking the following reliefs: a. call for the records leading ext.p6 order to quash the same by issuing a writ of certiorari or other appropriate writorder or direction.b. issue a writ of mandamus or other appropriate writ, orderor direction commanding the 1st and 2nd respondents to remove the line and 3 posts inserted in the petitioner's property illegally within a time specified by this court. there was no stay. lines have already been erected. therefore the cause of action accrued in favour of the petitioner no longer subsists, in the absence of any interim order. writ petition is ordered to be closed. sd/- sab amit rawal judge appendix of wp(c) 5290/2015 petitioner exhibits exhibit p1: a true copy of the judgment in wp(c)6033/2013 of the honourable high court of kerala dated 5.3.2013 exhibit p2: a true copoy of the sketch submitted by the 2nd respondent before the 1st respondent dated nil.exhibit p3: a true copy of the orderissued by the additional district magistrate ernakulam dated 25.7.2013 exhibit p4: a true copy of the order in wp(c)no.19680/2013 of this honourable court dated 7.8.2013. exhibit p5: a true copy of the judgment in wp(c)no.1969/13 and connected cases dated 11.12.13. exhibit p6: a true copy of the order of the additional district magistrate ernakulam no.31124/2014/m5 dated 11.11.2014.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL WEDNESDAY, THE 20TH DAY OF SEPTEMBER 2023 / 29TH BHADRA, 1945 PETITIONER/S: ALIAS AGED 59 YEARS S/O.KURIAKKO, THEKKEKKARA HOUSE, MURIVILANGUKARA, VILANGU P.O., KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK,ERNAKULAM DISTRICT. SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT/S: 1 THE ADDITIONAL DISTRICT MAGISTRATE KAKKANAD CIVIL STATION, ERNAKULAM, PIN-682 030. 2 THE ASSITANT EXECUTIVE ENGINEER KERALA STATE ELEXCTRICITY BOARD, KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN-683 865. 3 M.K.VARGHESE SO.KURIAKO AGED 50 YEARS MANALIKKUDI(H) KUNNAKKATTU MOLAM MURIVILANGUKARA,VILANGU P.O., KIZHAKKAMBALAM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 561. 4 SATHEESHAN SO.THANKAPPAN AGED 48 YEARS THOZHUTHUNGAL, VILANGU P.O., NEAR KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN-683 561. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB SRI.SAJEEVKUMAR K.GOPALSCKSEB SRI.N.SATHEESH SRI.V.V.BINU, SC, KERALA STATE ELECTRICITY BOARD LIMITED OTHER PRESENT: SR.GP-SMT.PREETHA K.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court seeking the following reliefs: a. Call for the records leading Ext.P6 order to quash the same by issuing a writ of certiorari or other appropriate writ

order or direction.

b. Issue a writ of mandamus or other appropriate writ, order

or direction commanding the 1st and 2nd respondents to remove the line and 3 posts inserted in the petitioner's property illegally within a time specified by this Court. There was no stay. Lines have already been erected. Therefore the cause of action accrued in favour of the petitioner no longer subsists, in the absence of any interim order. Writ petition is ordered to be closed. Sd/- sab AMIT RAWAL JUDGE APPENDIX OF WP(C) 5290/2015 PETITIONER EXHIBITS EXHIBIT P1: A TRUE COPY OF THE JUDGMENT IN WP(C)6033/2013 OF THE HONOURABLE HIGH COURT OF KERALA DATED 5.3.2013 EXHIBIT P2: A TRUE COPOY OF THE SKETCH SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DATED NIL.

EXHIBIT P3: A TRUE COPY OF THE ORDER

ISSUED BY THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAM DATED 25.7.2013 EXHIBIT P4: A TRUE COPY OF THE ORDER IN WP(C)NO.19680/2013 OF THIS HONOURABLE COURT DATED 7.8.2013. EXHIBIT P5: A TRUE COPY OF THE JUDGMENT IN WP(C)NO.1969/13 AND CONNECTED CASES DATED 11.12.13. EXHIBIT P6: A TRUE COPY OF THE ORDER OF THE ADDITIONAL DISTRICT MAGISTRATE ERNAKULAM NO.31124/2014/M5 DATED 11.11.2014.

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Same Court & Year Kerala · 2023 Same Parties ALIAS vs The Additional District Magistrate Same Judge Honourable Mr. Justice Amit Rawal

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