IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 25416 of 2006(A) ------------------------------------- PETITIONER(S): ------------------------ 1. GRAMADEEPAM KALA KAYIKA SAMSKARIKA VEDI, NO.T.459/97, KOOTTAPPU, AMBOORI, THIRUVANANTHAPURAM, REPRESENTED BY ITS PRESIDENT, K.G.RAVEENDRAN, THAITHOTTAM, THUDIYANKONAM, AMBOORI, THIRUVANANTHAPURAM. 2. A.ANIL KUMAR, GEETHA VILASAM, KOOTTAPPU, THEKKUPURA, AMBOORI, THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV SMT.S.B.JAYARESMI RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE REVENUE SECRETARY, REVENUE DEPARTMENT, PUBLIC OFFICE BUILDINGS, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE SECRETARY, AMBOORI GRAMA PANCHAYATH, AMBOORI, THIRUVANANTHAPURAM. 4. S.SREE RAM, SECRETARY, KOOTTAPPU GOPALAN MEMORIAL LIBRARY, KOOTTAPPU, AMBOORI VILLAGE. ADV. SRI.SREEKANTH S.NAIR FOR R4 SRI.T.A.UNNIKRISHNAN FOR R.3 SRI.K.SATHEESH KUMAR FOR R.3 BY GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25416/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE CERTIFICATE OF REGISTATION OF THE IST PETITIONER. P2:- COPY OF THE MASS PETITION FILED BY THE SIT PETITIONER DT. 17.4.01 BEFORE THE PRESIDENT OF AMBOORI GRAMA PANCHAYATH. P3:- COPY OF THE RESOLUTION NO.IV(1) DT. 27.1.2006 OF THE AMBOORI GRAMA PANCHAYATH COMMITTEE. P4:- COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE AMBOORI GRAMA PANCHAYATH COMMITTEE. P5:- COPY OF THE MASS PETITION FILED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE CERTIFICATE OF AFFILIATION OF KERALA STATE LIBRARY CONCIL. R4(b):- COPY OF THE CERTIFICATE OF REGISTRATION OF KUTTAPPOO A. GOPALAN MEMORIAL LIBRARY & RESEARCH INSTITUTE. R4(c):- COPY OF THE GRANDASALA NIYAMAVALI. R4(d):- COPY OF THE AUTHORIZATION LETTER DT. 9.3.08. R4(e):- COPY OF THE LIST OF GOVERNMENT WASTE LAND AT AMBOORI PANCHAYATH. R4(f):- COPY OF THE VOLLEYBALL COURT AND LAND LEASED OUT TO 4TH RESPONDENT. R4(g):- COPY OF THE PETITION FOR ASSIGNMENT OF 3 CENTS OF LAND DT. 4.4.03. R4(h):_ COPY OF THE COMPLAINT NO.484/2006 DT. 16.2.2006 BFORE KERALA LOK AYUKTA. R4(i):- COPY OF THE WRITTEN STATEMENT OF DISTRICT COLLECTOR DT. 11.8.06. R4(j):- COPY OF THE ORDER DT. 29.12.06 OF THE KERALA LOK AYUKTA. R4(k):- COPY OF THE PETITION SUBMITTED TO CHIEF MINISTER OF KERALA. R4(i):- COPY OF THE LETTER DT. 15.5.07 ISSUED TO SECRETARY 4TH RESPONDENT. R4(m):- COPY OF THE LETTER DT. 27.10.07 ISSUED TO SECRETARY, 4TH RESPONDENT ABOUT THE PROPOSAL. R4(n):- COPY OF THE LETTER DT. 19.11.07 ISSUED BY SECRETARY, 4TH RESPONDENT TO THE PRINCIPAL SECRETARY. W.P.(C) NO.25416/2006 R4(o):- COPY OF THE G.O.NO.5053/2007/REENUE GETTING LEASE OF 3 CENT OF LAND FOR 20 YEARS TO 4TH RESPONDENT. R4(p):- COPY OF THE LETTER DT. 13.3.08 ISSUED BY TAHSILDAR TO SECRETARY 4TH RESPONDENT. R4(q):- COPY OF THE REPORT, MAHAZAR AND LOCATION AND SITE PLAN DT. 24.3.08 PREPARED BY VILLAGE OFFICER, AMBOORI VILLAGE. R4(r):- COPY OF THE TAX RECEIPT NO.1730947 DT. 24.3.08. R4(s):- COPY OF THE RECEIPT ISSUED BY SECRETARY, AMBOORI PANCHAYATH TO SECRETARY 4TH RESPONDENT GRANTING POSSESSION. R4(t):- COPY OF THE RESURVEY PLAN AND SUREY PLAN PREPARED BY VILLAGE OFFICER. R4(u):- COPY OF THE REGISTRATION FORM AND EXTRACT OF ADMISSION REGISTER. R4(v):- COPY OF THE COMMITTEE DECISION IN THE MINUTES BOOK. R4(w):- COPY OF THE COMMITTEE DECISION IN THE MINUTES BOOK. R4(x):- COPY OF THE COMMITTEE DECISION DT. 9.3.08 AND 31.3.08 IN THE MINUTES BOOK. R4(y):- COPY OF THE MONTHLY INCOME AND EXPENDITURE ACCOUNT BOOK. R4(z):- COPY OF THE CERTIFICATE OF MERIT ISSUED BY GOVERNMENT OF INDIA , NEHRU YUVA KENDRA, THIRUVANANTHAPURAM TO THE SECRETARY 4TH RESPONDENT. R4(z)1:- COPY OF THE LETTER NO.1-2461/08 DT. 6.5.08 ISSUED BY PUBLIC INFORMATION OFFICER DISTRICT REGISTRAR GENERAL, THIRUVANANTHAPURAM. R4(z)2:- COPY OF THE LETTER NO.D1-84/08 DT. 19..08 ISSUED BY SECRETARY, AMBOORI GRAMA PANCHAYATH. R4(z)3:- COPY OF THE CERTIFICATE NO.956/08 DT. 21.5.08 ISSUED BY VILLAGE OFFICER, AMBOORI. R4(z)4:- COPY OF THE SALE DEED NO.49/03 DT. 9.1.03 WITH RESPECT TO 4.5 CENTS COMPRISED IN RE.SY. NO.295/10, THE GOVERNMENT WASTE LAND. /TRUE COPY/ P.A. TO JUDGE tss J.B. KOSHY, Ag. CHIEF JUSTICE & P.R. RAMACHANDRA MENON, J. ........................................................................ W.P.(C) No. 25416 OF 2006 ......................................................................... Dated this the 6th January, 2009 J U D G M E N T KOSHY, Ag. CJ. : It is submitted that orders were passed by the Government after filing of the Writ Petition. A copy of the said order was shown to us by the learned Government Pleader. In the above circumstances, without prejudice to the rights of the aggrieved parties to question the same, the Writ Petition is disposed of. J.B. KOSHY, ACTING CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk