Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943 PETITIONERS: 1 SARASU AGED 64 YEARS W/O LATE CHELLAPPAN, KUNNUKANDATHIL, KOTTAYAM-686001. 2 SINDHU CC AGED 43 YEARS W/O SUNIL K G, NIKUNJAM, MAJESTIC LANE, KOTTAYAM-686004. BY ADVS. SRI.RAJAN VISHNURAJ SRI.V.HARISH RESPONDENTS: 1 KOTTAYAM MUNICIPALITY KOTTAYAM P O, KOTTAYAM-686001, REPRESENTED BY ITS SECRETARY. 2 THE SECRETARY KOTTAYAM MUNICIPALITY, KOTTAYAM P O, KOTTAYAM-686001.
3 INDIAN PENTECOSTAL CHURCH PHILADELPHIA KANJIKUZHY, MUTTAMBALAM P O, KOTTAYAM-686004, REPRESENTED BY ITS DISTRICT SECRETARY, K S JOSE. R1-2 BY SHRI.SIBY CHENAPPADY, SC, KOTTAYAM MUNICIPALITY R3 BY ADV. SMT.V.JAYA RAGI R3 BY ADV. SRI.V.G.ARUN (K/795/2004) R3 BY ADV. SRI.NEERAJ NARAYAN R3 BY ADV. SRI.K.R.SYAM SEKHAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.3967 of 2021 ----------------------------------------
JUDGMENT
The learned counsel for the petitioners seeks permission to withdraw the writ petition without prejudice to the right of the petitioners to approach the Tribunal for Local Self Government Institutions for redressal of the grievance voiced in the writ petition. Having regard to the facts and circumstances of the case, the writ petition is permitted to be withdrawn without prejudice to the right of the petitioners aforesaid, for the redressal of the grievance voiced in the writ petition. It is also ordered in the peculiar facts of this case that the period during which the writ petition was pending before this court shall not be reckoned for computing the period of limitation for the proceedings contemplated by the petitioners before the Tribunal for Local Self Government Institutions. Sd/- P.B.SURESH KUMAR Mn JUDGE APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE BUILDING PERMIT DATED 15.02.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P2 A TRUE PHOTOCOPY OF THE DEVELOPMENT PERMIT DATED 03.05.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P3 A TRUE PHOTOCOPY OF THE FILE NOTE OF THE 1ST RESPONDENT. EXHIBIT P4 A TRUE PHOTOCOPY OF THE COMPLAINT DATED 30.06.2016 PREFERRED BY THE 1ST PETITIONER BEFORE THE RDO , KOTTAYAM. EXHIBIT P5 A TRUE PHOTOCOPY OF THE INSPECTION REPORT DATED 30.06.2016 SUBMITTED BY THE VILLAGE OFFICER, MUTAMBALAM. EXHIBIT P6 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED 14.12.2016 BY THE RDO, KOTTAYAM. EXHIBIT P7 A TRUE PHOTOCOPY OF THE ORDER DATED 11.05.2017 ISSUED BY THE GEOLOGIST, KOTTAYAM. EXHIBIT P8 A TRUE PHOTOCOPY OF THE STOP MEMO DATED 13.06.2017 ISSUED BY THE VILLAGE OFFICER, MUTTAMBALAM TO THE 3RD RESPONDENT.
EXHIBIT P9 A TRUE PHOTOCOPY OF THE COMMON JUDGMENT
DATED 11.11.2019 IN WPC NO. 23857 OF 2017 AND WPC NO. 22972 OF 2019. EXHIBIT P10 A TRUE PHOTOCOPY OF THE ARGUMENT NOTE SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 28/02/2020. EXHIBIT P11 A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT RECEIPTS ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P12 A TRUE PHOTOCOPY OF THE ORDER NO PW3/BA/409/16-17 DATED 18/08/2020 PASSED BY THE 2ND RESPONDENT. EXHIBIT P13 THE TRUE COLOR COPY OF THE PHOTOGRAPH OF THE MINING AND EXCAVATION ACTIVITY BEING CARRIED OUT AT THE 3RD RESPONDENT PROPERTY. EXHIBIT P14 A TRUE PHOTOCOPY OF THE ORDER DATED 11.12.2018 PASSED BY THE NATIONAL GREEN TRIBUNAL IN EA NO. 55/2018 IN OA NO. //TRUE COPY// PA TO JUDGE