High Court of KeralaWP(C)/31709/2015dismissed

Abu K.M. v. The State Of Kerala

2015-10-26Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 31709 of 2015 (K) ---------------------------- PETITIONERS:

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1. ABU K.M., AGED 34 YEARS, S/O.MUHAMMED, KUNNASSERYPALLAM HOUSE, MULLAMKUZHI, THOTTUMUGHAM P.O., ALUVA, PIN - 683 105, ALUVAEAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

2. UMMER K.A., AGED 43 YEARS, S/O.ALIYAR, KUZHIKKATTUMALIL HOUSE, MULLAMKUZHI, THOTTUMUGHAM P.O., ALUVA, PIN - 683 105, ALUVA EAST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT.

BY ADVS.SRI.T.H.ABDUL AZEEZ SRI.V.A.AJMAL SMT.A.C.ARFANA RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. THE DISTRICT COLLECTOR, ERNAKULAM CIVIL STATION, KAKKANADU, COCHIN - 682 030.

3. KEEZHMADU GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, ERUMATHALA P.O.ALUVA PIN - 683 112.

4. THE SECRETARY, KEEZHMADU GRAMA PANCHAYATH, ERUMATHALA P.O., ALUVA PIN - 683 112.

BY SENIOR GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 31709 of 2015 (K) APPENDIX PETITIONER(S)' EXHIBITS EXT.P1 :

TRUE COPY OF THE APPEAL MEMORANDUM FILED BEFORE THE GOVERNMENT OF KERALA BY THE PETITIONERS EXT.P2 :

TRUE COPY OF THE IMPUGNED ORDER DTD.13.7.2015 PASSED BY THE DISTRICT COLLECTOR, ERNAKULAM.

EXT.P3 :

TRUE COPY OF THE JUDGEMENT DATED 9.9.2015 IN WPC NO.27111/2015 PASSED BY THIS HON'BLE COURT.

EXT.P4 :

TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 31709 OF 2015 ------------------------------------ Dated this the 26th day of October, 2015

JUDGMENT

Requisite directions have already been incorporated in Ext.P3 judgment. Paragraph 2 thereof is as follows: "2.

It is open to the petitioners to apply for appropriate interim orders in Ext.P1 appeal pending with the first respondent. Any motion made in that regard shall be dealt with within a period of one month of its preferment."

The remedy of the petitioners is to institute proceedings in contempt if the directions are violated. The second writ petition for substantially the same relief is not maintainable.

The Writ Petition is dismissed.

V. CHITAMBARESH JUDGE ncd