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High Court of KeralaWA/1263/2014disposed of

Kuttappan v. State Of Kerala

2015-10-08Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WA.No. 1263 of 2014 () IN WP(C).992/2013 ------------------------------------------ AGAINST THE JUDGMENT IN WP(C) 992/2013 of HIGH COURT OF KERALA DATED 20-06-2014 APPELLANT(S)/PETITIONERS:

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1. KUTTAPPAN S/O SANKUNNY, PAMPUMKADAN HOUSE, THALORE P.O, THRICHUR - 680 306.

2. VISWAMBARAN S/O SANKUNNY, PAMPUMKADAN HOUSE, THALORE P.O THRICHUR - 680 306.

3. CHANDRAN S/O VELAYUDHAN, PAMPUMKADAN HOUSE, THALORE P.O THRICHUR 680306.

BY ADV. SRI.M.R.ANISON RESPONDENT(S)/RESPONDENTS & 4TH RESPONDENT:

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695001.

2. THE DISTRICT COLLECTOR COLLECTORATE, THRICHUR 680001.

3. THE REVENUE DIVISIONAL OFFICER TRICHUR-680 001.

4. THE DISTRICT SUPERINTENDENT OF POLICE TRICHUR-680 001.

5. THE DEPUTY SUPERINTENDENT OF POLICE CHALAKUDY, TRICHUR-680 307.

6. THE CIRCLE INSPECTOR OF POLICE PUDUKKAD, TRICHUR DISTRICT-680 005.

7. THRISSUR ARCH DIOCESE REP.BY ITS PRESIDENT, ARCH BISHOP ANDREWS THAZHATH BISHOP HOUSE, THRISSUR-680 005.

WA.No. 1263 of 2014 IN WP(C).992/2013 : 2 :

8. FR.DAVIS CHAKKLAKKAL VICAR, INFANT JESUS CHURCH, THALORE-680306.

9. KUMARI (DIED) W/O.RAJAN, AVANISSERY HOUSE, THALORE P.O.

TRICHUR-680 306.

R7,R8 BY ADV. SRI.V.M.KURIAN R8 BY ADV. SRI.K.T.THOMAS R BY SENIOR GOVERNMENT PLEADER SRI P.FAZIL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2015 ALONG WITH W.A.NO.1306 OF 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & P.V ASHA, JJ.

----------------------------------------------------- W.A Nos.1263 of 2014 and ---------------------------------------------------- Dated this the 8th day of October, 2015

JUDGMENT

Antony Dominic, J.

Writ Appeal No.1263 of 2014 is filed against the judgment in W.P(c) No.992 of 2013 and W.A No.1306 of 2014 is filed against the judgment in W.P(c) No.15308 of 2013. In the above mentioned Writ Petitions, the issue involved was in relation to an order dated 01.11.2012 issued by the Revenue Divisional Officer, Thrissur. In W.P(c) No.992 of 2013, the appellants in W.A No.1263 of 2014 sought implementation of the said order; whereas in W.P(c) No.15308 of 2013 filed by the 1st respondent in W.A No.1306 of 2014 challenged the aforesaid order of the R.D.O. Both these Writ Petitions were disposed of by a common judgment rendered on 20.06.2014, where the order passed by the Revenue Divisional Officer was quashed and consequential orders were also issued. It is this common judgment, which is under challenge in these appeals.

2.

During the course of the hearing of these appeals, we

W.A Nos.1263 of 2014 and were informed by both sides that the District Collector, Thrissur issued order dated 12.04.2014, which in fact has the effect of superseding the order of the Revenue Divisional Officer. It is also revealed that the appellants in these appeals have challenged the order of the District Collector in W.P(c) No.11702 of 2014, which is pending consideration of this Court. In the light of the order dated 12.04.2014 issued by the District Collector, Thrissur, the issues raised in these appeals have become purely academic and therefore all that is necessary is to close these appeals, leaving open the contentions raised by both sides, to be agitated in W.P(C) No.11702 of 2014, where the order of the District Collector dated 12.04.2014, is under challenge.

Therefore, leaving open the contentions of the parties to be agitated in W.P(C) No.11702 of 2014, these appeals are disposed of.

Sd/- ANTONY DOMINIC Judge Sd/- P.V.ASHA Judge rtr/ /true copy/