Binod vs District Collector - Court Judgment

SooperKanoon Citationsooperkanoon.com/1467463
CourtKerala Orders High Court
Decided OnApr-07-2022
Case NumberWP(C)/11527/2022
JudgeHonourable Mrs. Justice Anu Sivaraman
AppellantBINOD
RespondentDistrict Collector
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman thursday, the 7th day of april 2022 / 17th chaithra, 1944 wp(c) no. 11510 of 2022 petitioner: santhosh, s/o.chacko, aged 46 years, veluthedathuparambil house, ezhalloorkara, kumaramangalam village, thodupuzha taluk, ezhalloor p.o. by advs. t.j.michael r.krishnakumar (cherthala) respondents: 1 district collector idukki district, civil station, painavu, idukki-685603. 2 revenue divisional officer, idukki, civil station, painavu p.o., idukki-685603. 3 tahsildar, thodupuzha, mini civil station, thodupuzha-685584.4 village officer, kumaramangalam village, village office, kumaramangalam p.o., thodupuzha, idukki district - 685552. 5 the convener, local level monitoring committee, kumaramangalam panchayath, kumaramangalam p.o., thodupuzha - 685552. other present: smt. princy xavier-sr.g.p this writ petition (civil) having come up for admission on 07.04.2022, along with wp(c).11527/2022, the court on the same day delivered the following:in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman thursday, the 7th day of april 2022 / 17th chaithra, 1944 wp(c) no. 11527 of 2022 petitioner: binod aged 43 years s/o.chacko, residing at veluthedathuparambil house, ezhalloorkara, kumaramangalam village, thodupuzha taluk, ezhalloor p.o. by advs. t.j.michael r.krishnakumar (cherthala) respondents: 1 district collector idukki district, civil station, painavu, idukki - 685 603. 2 revenue divisional officer idukki, civil station, painavu p.o., idukki - 685 603. 3 thahsildar thodupuzha, mini civil station, thodupuzha - 685 584. 4 village officer kumaramangalam village, village office, kumaramangalam p.o., thodupuzha, idukki district - 685 552. 5 the convener local level monitoring committee, kumaramangalam panchayath, kumaramangalam p.o., thodupuzha - 685 552. this writ petition (civil) having come up for admission on 07.04.2022, along with wp(c).11510/2022, the court on the same day delivered the following:judgment[wp(c) nos.11510/2022, 11527/2022] these writ petitions are dismissed as withdrawn without prejudice to the right of the petitioners to approach afresh with proper pleadings and materials on record. sd/- anu sivaraman judge svp appendix of wp(c) 11510/2022 petitioner exhibits exhibit p1 a true copy of the tax receipt issued by the kumaramangalam village dated 14.06.2021. exhibit p2 a true copy of the form 5 application respondent dated 08/03/2022 exhibit p3 a true copy of the form 6 application respondent dated 20/11/2021. exhibit p4 a true copy of the postal acknowledgment card evidencing receipt of ext.p4 application by the 2nd respondent. appendix of wp(c) 11527/2022 petitioner exhibits exhibit p1 a true copy of the tax receipt issued by the kumaramangalam village dated 15/1/2021. exhibit p2 a true copy of the report of the village officer, kumaramangalam dated 20/02/2019. exhibit p3 a true copy of the report submitted by secretary of kumaramangalam grama panchayath to the 2nd respondent dt. 3/11/2018. exhibit p4 a true copy of the form 5 application respondent dated 08/03/2022. exhibit p5 a true copy of the form 6 application respondent dated 20/11/2021. exhibit p6 a true copy of the postal acknowledgment card evidencing receipt of ext.p5 application by the 2nd respondent.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 11510 OF 2022 PETITIONER: SANTHOSH, S/o.CHACKO, AGED 46 YEARS, VELUTHEDATHUPARAMBIL HOUSE, EZHALLOORKARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, EZHALLOOR P.O. BY ADVS. T.J.MICHAEL R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: 1 DISTRICT COLLECTOR IDUKKI DISTRICT, CIVIL STATION, PAINAVU, IDUKKI-685603. 2 REVENUE DIVISIONAL OFFICER, IDUKKI, CIVIL STATION, PAINAVU P.O., IDUKKI-685603. 3 TAHSILDAR, THODUPUZHA, MINI CIVIL STATION, THODUPUZHA-685584.

4 VILLAGE OFFICER, KUMARAMANGALAM VILLAGE, VILLAGE OFFICE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI DISTRICT - 685552. 5 THE CONVENER, LOCAL LEVEL MONITORING COMMITTEE, KUMARAMANGALAM PANCHAYATH, KUMARAMANGALAM P.O., THODUPUZHA - 685552. OTHER PRESENT: SMT. PRINCY XAVIER-SR.G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2022, ALONG WITH WP(C).11527/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 11527 OF 2022 PETITIONER: BINOD AGED 43 YEARS S/O.CHACKO, RESIDING AT VELUTHEDATHUPARAMBIL HOUSE, EZHALLOORKARA, KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK, EZHALLOOR P.O. BY ADVS. T.J.MICHAEL R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: 1 DISTRICT COLLECTOR IDUKKI DISTRICT, CIVIL STATION, PAINAVU, IDUKKI - 685 603. 2 REVENUE DIVISIONAL OFFICER IDUKKI, CIVIL STATION, PAINAVU P.O., IDUKKI - 685 603. 3 THAHSILDAR THODUPUZHA, MINI CIVIL STATION, THODUPUZHA - 685 584. 4 VILLAGE OFFICER KUMARAMANGALAM VILLAGE, VILLAGE OFFICE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI DISTRICT - 685 552. 5 THE CONVENER LOCAL LEVEL MONITORING COMMITTEE, KUMARAMANGALAM PANCHAYATH, KUMARAMANGALAM P.O., THODUPUZHA - 685 552. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2022, ALONG WITH WP(C).11510/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[WP(C) Nos.11510/2022, 11527/2022] These writ petitions are dismissed as withdrawn without prejudice to the right of the petitioners to approach afresh with proper pleadings and materials on record. Sd/- ANU SIVARAMAN JUDGE SVP APPENDIX OF WP(C) 11510/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE KUMARAMANGALAM VILLAGE DATED 14.06.2021. Exhibit P2 A TRUE COPY OF THE FORM 5 APPLICATION RESPONDENT DATED 08/03/2022 Exhibit P3 A TRUE COPY OF THE FORM 6 APPLICATION RESPONDENT DATED 20/11/2021. Exhibit P4 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXT.P4 APPLICATION BY THE 2ND RESPONDENT. APPENDIX OF WP(C) 11527/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE KUMARAMANGALAM VILLAGE DATED 15/1/2021. Exhibit P2 A TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, KUMARAMANGALAM DATED 20/02/2019. Exhibit P3 A TRUE COPY OF THE REPORT SUBMITTED BY SECRETARY OF KUMARAMANGALAM GRAMA PANCHAYATH TO THE 2ND RESPONDENT DT. 3/11/2018. Exhibit P4 A TRUE COPY OF THE FORM 5 APPLICATION RESPONDENT DATED 08/03/2022. Exhibit P5 A TRUE COPY OF THE FORM 6 APPLICATION RESPONDENT DATED 20/11/2021. Exhibit P6 A TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXT.P5 APPLICATION BY THE 2ND RESPONDENT.