Joy, S/O.Pathrose v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 1861 of 2015 (G) --------------------------- PETITIONER(S):

-------------------------- JOY, S/O.PATHROSE AGED 45 YEARS OYYARATH HOUSE, MARANGATTULI KARA THIRUVANIYOOR VILLAGE, ERNAKULAM, PIN - 682 308. BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT(S)/RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY (LOCAL SELF GOVERNMENT INSTITUTIONS) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THIRUVANIYOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY THIRUVANIYOOR GRAMA PANCHAYATH, ERNAKULAM - 682 308.

3. THE SECRETARY THIRUVANIYOOR GRAMA PANCHAYATH, ERNAKULAM - 682 308.

4. THIRUVANIYOOR GRAMA PANCHAYATH COMMITTEE REPRESENTED BY ITS PRESIDENT THIRUVANIYOOR GRAMA PANCHAYATH, ERNAKULAM - 682 308. R2-R4 BY ADV. SRI.T.K.AJITHKUMAR (VALATH) R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WP(C).No. 1861 of 2015 (G) PETITIONER'S EXHIBITS:

EXT.P1: A TRUE COPY OF THE JUDGMENT IN WPC.NO. 23026/2014 OF THE HONOURABLE COURT DATED 01/09/2014.

EXT.P2: A TRUE COPY OF THE ORDER OF THE GEOLOGIST GRANING PERMISSION TO REMOVE EARTH BY THE GEOLOGIST DATED 27/10/2014. EXT.P3: A TRUE COPY OF THE RECEIPT SHOWING PAYMENT OF RS.45020/- BY THE PETITIONER AS ROYALTY DATED 14/10/2014. EXT.P4: A TRUE COPY OF THE ORDER IN OP(C) 2741/2014 OF THIS HONOURABLE COURT DATED 18/12/2014.

EXT.P5: A TRUE COPY OF THE STOP MEMO ISSUED BY THE SECRETARY THIRUVANIYOOR GRAMA PANCHAYATH TO THE PETITIONER DATED 29/10/2014.

EXT.P5(a): THE ENGLISH TRANSLATION OF EXTHIBIT P5. EXT.P6: A TRUE COPY OF NO.A2-5389/2014 NOTICE CANCELLING THE BUILDING PERMIT OF THE PETITIONER ISSUED BY THE PANCHAYATH SECRETARY DATED 27/11/2014.

EXT.P6(a): THE ENGLISH TRANSLATION OF EXHIBIT P6. EXT.P7: A TRUE COPY OF THE DECISION NO. 2 OF THE RESPONDENT PANCHAYATH DATED 17/11/2014.

EXT.P7(a): THE ENGLISH TRANSLATION EXHIBIT P7. RESPONDENT'S EXHIBITS: NIL.

/TRUE COPY/ P.S. TO JUDGE

Dama Seshadri Naidu, J.

------------------------------------------- W.P.(C)No.1861 of 2015 G -------------------------------------------- Dated this the 6th day of February, 2015

JUDGMENT

In the light of the ratio laid down in W.P.(C)No. 31760/2014, the present writ petition is also disposed of on the same lines applying the ratio laid down by this Court in the said judgment, thereby quashing Exhibit P5 to P7. Dama Seshadri Naidu, Judge tkv