✦ Kerala High Court

C. P. UMMER v. STATE OF KERALA

DINESH KUMAR SINGH4 min read

Case at a glance

Outcome

Withdrawn

is dismissed as withdrawn with liberty to the petitioner to approach

Provisions considered

Key paragraphs

  • Para 22. Considering the aforesaid submission, the present writ petition is dismissed as withdrawn with liberty to the petitioner to approach the appellate authority under the provisions of the Kerala Panchayat Raj Act, 1994 against the impugned orders in Exhibits P-8 to P-11. As this Court…

Judgment

BY ADV. SRI. K. I. SAGEER RESPONDENTS: 1 2 3 4 PAZHAYANNUR GRAMA PANCHAYATH, REP. BY ITS SECRETARY, PANCHAYATH OFFICE, PAZHAYANNUR P. O., THRISSUR - 680 587. SECRETARY, PAZHAYANNUR GRAMA PANCHYATH, PANCHAYATH OFFICE, PAZHAYANNUR P. O., THRISSUR - 680 587. DISTRICT TOWN PLANNER, OFFICE OF THE DISTRICT TOWN PLANNER, PATTURAIKKAL, THRISSUR-680 020. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. BY ADVS. SRI. C. P. MOHAMMED NIAS SRI. SRINATH GIRISH P. SRI. V. NAMITHA SMT. JASMINE M. M. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2024, ALONG WITH WP(C).35998/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 25917 of 2019 & 35998 OF 2023 2 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945 WP(C) NO. 35998 OF 2023 PETITIONER: C. P. UMMER, AGED 68 YEARS, S/O. MONUTTY KC, CHITTARAYIL HOUSE, PUNNAYOOR P. O., VADAKKEKAD, THRISSUR, PIN – 679562. BY ADVS. SRI. K. I. SAGEER SRI. MUHAMMED YASIL RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. OF KERALA. SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. DISTRICT COLLECTOR, FIRST FLOOR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN – 680003. DEPUTY TAHSILDAR, THALAPPILLY TALUK OFFICE, THALAPPILLY P. O., THRISSUR, PIN – 680623. PAZHAYANNUR GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, PAZHAYANNUR P. O., THRISSUR, PIN – 680587. SECRETARY, PAZHAYANNUR GRAMA PANCHAYAT, PANCHAYAT OFFICE, PAZHAYANNUR P. O., THRISSUR, PIN – 680587. BY ADV. SRI. R. RAJPRADEEP SRI. JASMINE M. M. - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

02.02.2024, ALONG WITH WP(C).25917/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 25917 of 2019 & 35998 OF 2023 3 DINESH KUMAR SINGH, J. -------------------------- W.P.(C) Nos. 25917 of 2019 & 35998 of 2023 ------------------------- Dated this the 2nd day of February, 2024 JUDGMENT

1.

After some arguments, the learned Counsel for the petitioner submits that he would like to withdraw the writ petition and approach the appellate authority under the Kerala Panchayat Raj Act, 1994 against the impugned orders in Exhibits P-8 to P-11.

Operative part

2.

Considering the aforesaid submission, the present writ petition is dismissed as withdrawn with liberty to the petitioner to approach the appellate authority under the provisions of the Kerala Panchayat Raj Act, 1994 against the impugned orders in Exhibits P-8 to P-11. As this Court has entertained this writ petition and interim order was granted, if the petitioner files the appeal within two weeks from today, the appellate authority shall consider the appeal without going into the question of limitation. Sd/- DINESH KUMAR SINGH JUDGE Svn WP(C) NOS. 25917 of 2019 & 35998 OF 2023 4 APPENDIX OF WP(C) 25917/2019 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE SALE DEED NO.1872/1 S.R.O. PACHAYANNUR DATED 16.08.1993 EXHIBIT P2 A TRUE COPY OF THE APPLICATION FOR REGULARIZATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DT 20.05.08 EXHIBIT P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDNET DATED 7.12.2010 EXHIBIT P4 A TRUE COPY OF THE NOTICE NO.B1-2010 DATED 21.12.2010 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION NO.C/829/2011 DATED 06.05.2011 OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION NO.B1-5276/11 DATED 30.05.2011 OF THE 2ND RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P7 A TRUE COPY OF THE COMMUNICATION NO.C/829/2011 DATED 10/2011 OF THE 3RD RESPONDENT TO THE 3RD RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P8 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DT.16.04.2018 FOR AN AMOUNT OF RS.91,810/- EXHIBIT P9 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DT.16.04.2018 FOR AN AMOUNT OF RS.1,11,559/- EXHIBIT P10 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DT.16.04.2018 FOR AN AMOUNT OF RS.1,09,575/- EXHIBIT P11 A TRUE COPY OF THE DEMAND NOTICE ISSUED BY THE 1ST RESPONDENT DT.16.04.2018 FOR AN AMOUNT OF RS.1,33,147/- EXHIBIT P12 A TRUE COPY OF THE APPLICATION DATED 10.07.2023 SUBMITTED BY DEEPUKUMAR WP(C) NOS. 25917 of 2019 & 35998 OF 2023 5 EXHIBIT P13 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 10.07.2023 ISSUED BY THE PAZHAYANNUR GRAMA PANCHAYAT 1ST AND 2ND RESPONDENTS’ EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND PETITIONER DATED 29.03.2017 BEFORE THE 2ND RESPONDENT EXHIBIT R1(B) TRUE COPY OF TRANSLATION OF EXT. R1(A) FROM ORIGINAL TO ENGLISH EXHIBIT R1(C) TRUE COPY OF NOTICE DATED 03.09.2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER EXHIBIT R1(D) TRUE COPY OF TRANSLATION OF EXT. R1(C) FROM ORIGINAL TO ENGLISH WP(C) NOS. 25917 of 2019 & 35998 OF 2023 6 APPENDIX OF WP(C) 35998/2023 PETITIONER’S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 16.04.2018 DIRECTING THE PETITIONER TO DEPOSIT A SUM OF RS.1,09,575/- BY THE 4TH RESPONDENT EXHIBIT P1(A) A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 16.04.2018 DIRECTING THE PETITIONER TO DEPOSIT A SUM OF RS.1,11,559/- BY THE 4TH RESPONDENT EXHIBIT P1(B) A TRUE COPY OF THE ARREAR DEMAND NOTICE DATED 16.04.2018 DIRECTING THE PETITIONER TO DEPOSIT A SUM OF RS.1,33,147/- BY THE 4TH RESPONDENT EXHIBIT P2 A TRUE COPY OF THE REVENUE RECOVERY DEMAND NOTICE (FORM-1) DATED 13.10.2023 OF THE 3RD RESPONDENT

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: is dismissed as withdrawn with liberty to the petitioner to approach

Which statutory provisions did this judgment involve?

Kerala Panchayat Raj Act, 1994.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status. ← Search more judgments