High Court of KeralaWP(C)/17963/2009dismissed

Rajudevan v. State Of Kerala

2015-10-08Honourable Mr. Justice A.V.Ramakrishna Pillai3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 17963 of 2009 (M) ---------------------------- PETITIONER(S):

RAJUDEVAN, S/O.VASUDEVAN, AGED 50, VIJAYASADANAM, KANJIPADOM, KARUMADY, ALAPPUZHA.

PRASANNAN, S/O.VASUDEVAN, AGED 63, VIJAYASADANAM, KANJIPADOM, KARUMADY ALAPPUZHA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S):

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY IRRIGATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

2. THE ASSISTANT ENGINEER, IRRIGATION SECTION, THOTTAPPALLY P.O.

3. SREEKUMAR, S/O.P.N.SIVANANDAN, PUTHENPARAMBIL, KANJIPPADAM MURI, KARUMADI VILLAGE, ALAPPUZHA.

4. UNNIKRISHNAN, S/O.LATE GOPALAN, NARAKATHARA, KANJIPPADAM MURI, KARUMADI VILLAGE, ALAPPUZHA.

5. GOPAKUMAR, S/O.LATE GOPINATHAN, ATHICHIRA, KARUMADI VILLAGE, ALAPPUZHA.

6. MADHU, S/O.LATE SUKUMARAN, CHELITHARA, KARUMADI VILLAGE, ALAPPUZHA.

R3 & 5 BY ADV. SRI.S.SANAL KUMAR BY GOVERNMENT PLEADER SRI.SOJAN JAMES.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rvs.

WP(C).No. 17963 of 2009 (M) APPENDIX PETITIONER(S)' EXHIBITS :

EXT.P1.

TRUE COPY OF THE GIFT DEED NO.2103.

EXT.P2.

TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 16/03/89. EXT.P2(A). TRUE COPY OF THE PROPERTY TAX RECEIPT DATED 29/03/2000. EXT.P3.

TRUE COPY OF THE NOTICE NO.A5 DATED 08/06/07. EXT.P4.

TRUE COPY OF THE INTERIM ORDER DATED 15/06/2007 IN WP(C) NO.18506/2007.

EXT.P5.

TRUE COPY OF THE ORDER DATED 29/05/2009 IN IA NO.1243/2009 IN OS NO.348/2009.

EXT.P6.

TRUE COPY OF THE NOTICE NO.TS/GEN/2003 DATED 23/06/2009. RESPONDENT(S)' EXHIBITS:

EXT.R2(A). TRUE COPY OF THE LETTER NO.543/IR3/09/WRD DATED 13/01/2009 ISSUED BY THE UNDER SECRETARY, WATER RESOURCES (IR) DEPARTMENT. EXT.R2(B). TRUE COPY OF THE SAID ORIGINAL OF THIS SKETCH AND PLAN. EXT.R2(C). TRUE COPY OF THE REPORT DATED 24/06/2009. /TRUE COPY/ P.A.TO JUDGE RVS.

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.17963 of 2009 --------------------------------------------- Dated this the 8th day of October, 2015

JUDGMENT

This writ petition was dismissed on 22nd September 2015 because of the non-representation of the petitioner and the failure to take steps to issue notice to respondents 4 and 6. However, later, the learned counsel for the petitioner appeared on 28.9.2015 and submitted genuine reasons for his non-appearance on the previous posting date. Accordingly, the judgment was recalled. Again the case was posted to 7.10.2015. As there was no representation for the petitioner on that date, the case was adjourned to this date. As there is no representation for the petitioner today also and as steps were not taken to issue notice to respondents 4 and 6, this writ petition is dismissed.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE