Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 CRIME NO.1452 OF 2019 OF EZHUKONE POLICE STATION, KOLLAM RURAL, KOLLAM DISTRICT PETITIONER/ACCUSED: BIJUKUMAR AGED 48 YEARS, S/O SURESH KUMAR, PERMANENTLY RESIDING AT MALAYIL, MARANAD.P.O,KOLLAM,PIN-691505.
BY ADV NICHU WILLINGTON RESPONDENT/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERAKULAM,PIN-682031. 2 STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM RURAL,KOLLAM,PIN-691505. 3 SECRETARY, PAVITHRESHWARAM GRAMA PANCHAYAT, KARIMPINPUZHA.P.O, KOLLAM-69151. BY ADVS. SRI.T.P.PRADEEP SRI.S.SREEDEV SRI. RANJIT GEORGE - SR.PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
This Crl.M.C. has been filed challenging Annexure X First Investigation Report in Crime No.1452/2019 of Ezhukone Police Station, Kollam Rural. Now it is submitted by the learned Public Prosecutor upon instructions that final report has been submitted in this case against the petitioner herein. In such circumstances, I do not deem it appropriate to consider the reliefs sought for in this Crl.M.C. Accordingly, this Crl.M.C. is dismissed leaving open all the contentions and remedies of the petitioner including his right to challenge the final report, if so advised, before this Court Sd/- ZIYAD RAHMAN A.A. JUDGE SCS APPENDIX OF CRL.MC 215/2020 PETITIONER ANNEXURES ANNEXURE I TRUE COPY OF THE SKETCH SHOWING THE LIE OF THE PROPERTY ANNEXURE II TRUE COPY OF THE SETTLEMENT DEED NO.2852 OF 2006 DATED 14.08.2006. ANNEXURE III TRUE COPY OF THE POSSESSION CERTIFICATE ALONG WITH SKETCH ISSUED BY THE VILLAGE OFFICER DATED 12.04.2010. ANNEXURE IV TRUE COPY OF THE EXTRACT OF THE THANDAPER REGISTER PERTAINING TO THE PETITIONER'S PROPERTY. ANNEXURE V TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED TO THE PETITIONER DATED 24.10.2019 IN RESPECT OF BUILDING NO.666 OF WARD NO.6 IN PAVITHRESWARAM PANCHAYATH.
ANNEXURE VI TRUE COPY OF THE JUDGMENT DATED 31.07.2018 PASSED BY THE MUNSIFF COURT,KOTTARAKKARA IN O.S.NO.159 OF ANNEXURE VII TRUE COPY OF THE COMMISSION REPORT DATED 24.03.2017 FILED IN O.S.NO.159 OF 2017. ANNEXURE VIII PHOTOGRAPH SHOWING THE RECONSTRUCTED WALL OF THE WELL. ANNEXURE IX PHOTOGRAPH SHOWING THE RELATIVE POSITION OF THE WELL TO THE HOUSE. ANNEXURE X TRUE COPY OF FIR NO.1452 OF 2019 DATED 16.09.2019 OF EZHUKONE POLICE STATION ANNEXURE XI TRUE COPY OF THE APPLICATION DATED 04.09.2019 FILED BY PETITIONER'S BROTHER BEFORE THE 2ND RESPONDENT. ANNEXURE XII TRUE COPY OF THE LETTER DATED 03.09.2019 ISSUED BY SMT.THULASI LEKSHMANAN TO THE SECRETARY OF PAVITHRESWARAM GRAMA PANCHAYATH ANNEXURE XIII TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY TO PAVITHRESWARAM GRAMA PANCHAYATH TO THE STATION HOUSE OFFICER DATED 02.09.2019 ANNEXURE XIV TRUE COPY OF THE REGISTER KEPT BY PAVITHRESWARAM GRAMA PANCHAYAT REGARDING THE DRINKING WATER BODIES IN THE PANCHAYAT ANNEXURE XV TRUE COPY OF THE INFORMATION RECEIVED
UNDER THE RTI ACT DATED 11.11.2019 BY THE 3RD RESPONDENT AS THE STATE PUBLIC INFORMATION OFFICER OF PAVITHRESWARAM GRAMA PANCHAYATH ANNEXURE XVI TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 05.12.2019 IN BA NO.7222 OF 2019.