Jayakumar vs the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1725885
CourtKerala Orders High Court
Decided OnFeb-22-2021
Case NumberWP(C)/34608/2019
JudgeHonourable Mr. Justice Sathish Ninan
AppellantJayakumar
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice sathish ninan monday, the 22nd day of february 2021 / 3rd phalguna, 1942 wp(c).no.34608 of 2019(a) petitioner/s: jayakumar,aged 44 years s/o.ramakrishnan, vinayaka street, wadakkanchery p.o., alathur taluk, palakkad district-678 683 by adv. sri.g.sreekumar (chelur) respondent/s: 1 the state of kerala represented by the secretary to government, local self government department, government secretariat, thiruvananthapuram district-695 001 2 the wadakkanchery grama panchyath office of the wadakkanchery grama panchyath, represented by ts secretary, wadakkanchery p.o., 3 subha,aged 39 years d/o. late amantharaman, gokulam, gramom road, wadakkanchery amsom desom, wadakkanchery p.o., this writ petition (civil) having come up for admission on 22.02.2021, the court on the same day delivered the following: wp(c).no.34608 of 2019(a) 2judgmentthe petitioner has filed a memo seeking permission to withdraw the writ petition. memo recorded. permission granted. the writ petition is dismissed as withdrawn without prejudice. sd/- sathish ninan judge sd wp(c).no.34608 of 2019(a) 3 appendix petitioner's/s exhibits: exhibit p1 a true copy of the document executed as document bearing no.342 of 09 of the wadakkanchery sro dated 28.109 exhibit p2 a true copy of the document bearing no. 2932 of 19 dated 11.11.19 of wadakkanchery sro exhibit p3 a true copy of the communication which the petitioner receives from the office of the second respondent dated 28.12.18 exhibit p4 a true copy of the caveat original petition filed by the third respondent on the petitioner dated 2.12.19 exhibit p5 a true copy of the suit filed by the petitioner as os no.427 of 2019 dated 2.12.19 before the munsiff court, alathur exhibit p6 a true copy of the complaint of the petitioner dated 29.11.19 exhibit p7 a true copy of the receipt issued dated 29.11.19 exhibit p8 a true copy of the request of the petitioner dated 30.11.19 exhibit p9 a true copy of the receipt issued dated 30.11.19 exhibit p10 a true copy of the building permit issued by the second respondent to the third respondent dated 22.11.19 exhibit p11 a true copy of the application submitted by the third respondent dated 25.10.19 exhibit p12 a true copy of the report by the department of civil engineering department of nss college, palakkad dated 10.12.18 exhibit p13 a true copy of the office notes of the second respondent dated 15.11.9
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 WP(C).No.34608 OF 2019(A) PETITIONER/S: JAYAKUMAR,AGED 44 YEARS S/O.RAMAKRISHNAN, VINAYAKA STREET, WADAKKANCHERY P.O., ALATHUR TALUK, PALAKKAD DISTRICT-678 683 BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695 001 2 THE WADAKKANCHERY GRAMA PANCHYATH OFFICE OF THE WADAKKANCHERY GRAMA PANCHYATH, REPRESENTED BY TS SECRETARY, WADAKKANCHERY P.O., 3 SUBHA,AGED 39 YEARS D/O. LATE AMANTHARAMAN, GOKULAM, GRAMOM ROAD, WADAKKANCHERY AMSOM DESOM, WADAKKANCHERY P.O., THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.34608 OF 2019(A) 2

JUDGMENT

The petitioner has filed a memo seeking permission to withdraw the Writ Petition. Memo recorded. Permission granted. The Writ Petition is dismissed as withdrawn without prejudice. Sd/- SATHISH NINAN JUDGE sd WP(C).No.34608 OF 2019(A) 3 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE DOCUMENT EXECUTED AS DOCUMENT BEARING NO.342 OF 09 OF THE WADAKKANCHERY SRO DATED 28.109 EXHIBIT P2 A TRUE COPY OF THE DOCUMENT BEARING NO. 2932 OF 19 DATED 11.11.19 OF WADAKKANCHERY SRO EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION WHICH THE PETITIONER RECEIVES FROM THE OFFICE OF THE SECOND RESPONDENT DATED 28.12.18 EXHIBIT P4 A TRUE COPY OF THE CAVEAT ORIGINAL PETITION FILED BY THE THIRD RESPONDENT ON THE PETITIONER DATED 2.12.19 EXHIBIT P5 A TRUE COPY OF THE SUIT FILED BY THE PETITIONER AS OS NO.427 OF 2019 DATED 2.12.19 BEFORE THE MUNSIFF COURT, ALATHUR EXHIBIT P6 A TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 29.11.19 EXHIBIT P7 A TRUE COPY OF THE RECEIPT ISSUED DATED 29.11.19 EXHIBIT P8 A TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 30.11.19 EXHIBIT P9 A TRUE COPY OF THE RECEIPT ISSUED DATED 30.11.19 EXHIBIT P10 A TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DATED 22.11.19 EXHIBIT P11 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE THIRD RESPONDENT DATED 25.10.19 EXHIBIT P12 A TRUE COPY OF THE REPORT BY THE DEPARTMENT OF CIVIL ENGINEERING DEPARTMENT OF NSS COLLEGE, PALAKKAD DATED 10.12.18 EXHIBIT P13 A TRUE COPY OF THE OFFICE NOTES OF THE SECOND RESPONDENT DATED 15.11.9