IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 OP.No. 421 of 2002(A) ------------------------------- PETITIONERS: --------------------- 1. A.J.JOSEPH, S/O.ISSACH,CHAIRMAN, ERUMACHATTTETH,ULIKKAL MOBILE FARM AID UNIT BENEFICIARY COMMITTEE,ULIKKAL. 2. DR.VARGHESE MATHEW, S/O.MATHEW, ELANTHANATH,PRESIDENT,POURA SAMITHI,P.O.ULIKKAL. 3. K.P.MOHANAN, S/O.KUNJANANTHAN NAMBIAR, CONVENOR,ULIKKAL MOBILE FARM AID UNIT ACTION COMMITTEE,ULIKKAL 4. GEORGE JOSEPH THOLANICKAL, S/O.JOSEPH JOSEPH THOLANIKKAL,VIATHUR AMSOM DESOM, POST ULIKKAL. 5. V.N.MURALEEDHARAN, S/O.NEELAKANDAN, VAZHAYIL P.O.,ULIKKAL. 6. A.AHAMMEDKUTTY, S/O.ELAMBILATT, P.O.ULIKKAL 7. K.N./SIVADAS S/O.NEELAKANDAN, CHALINKARAYIL,POST ULIKKAL. BY ADVS. MR. SHEJI P.ABRAHAM, MR.K.V.SOHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,AGRICULTURAL DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. STATE OF KERALA,REPRESENTED BY ITS SECRETARY,LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 3. DISTRICT COLLECTOR,KANNUR. O.P. NO. 421/2002-A: 4. DISTRICT PANCHAYAT,KANNUR,REPRESENTED BY ITS SECRETARY. 5. EXECUTIVE ENGINEER,P.W.D DISTRICT PANCHAYATH DIVISION,DISTRICT PANCHAYATH,KANNUR. 6. JOINT DIRECTOR,ANIMAL HUSBANDRY, KANNUR. 7. ULIKKAL GRAMA PANCHAYTH,REPRESENTED BY ITS SECRETARY,ULIKKAL. *ADDL. RESPONDENTS 8 & 9 IMPLEADED: 8. T.O. MATHEW, THUNDATHIL KUNNEL HOUSE, MANIKADAVU.P.O., ULIKKAL – 670 705. 9. BABY VALIYAKULAM, ULIKKAL.P.O., KANNUR. *IMPLEADED AS PER ORDER IN C.M.P. 3332/2002 IN O.P. NO. 421/2002 DATED 24/01/2002. **ADDL.RESPONDENTS 10 & 11 IMPLEADED: 10. REV. FR. JOSEPH MUNDACKAL, VICAR, ST. THOMAS CHURCH, MANIKADAVU.P.O., KANNUR. 11. REV. FR. MARTIN KIZHAKKETHALACKAL, ST. MARY'S CHURCH, SANTHINAGAR, PAYYAVOOR. **IMPLEADED AS PER ORDER IN C.M.P. 3350/2002 IN O.P. 421/2002 DATED 24/01/2002. R1 TO R3 & R6 BY GOVT. PLEADER MR. T.K. VIPIN DAS, R4 & R5 BY ADVS. MR.C.KRISHNAN(KANNUR), MR.A.MOHAMED MUSTAQUE, R7 BY ADV. MR.CIBI THOMAS, ADDL.R8 TO R11 BY ADV. MR.T.R.HARIKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 421/2002-A: ORDER ON C.M.P. NOS. 721/2002 & 17252/2002 IN O.P. NO. 421/2002-A DISMISSED 04/06/2009. SD/- V.K.MOHANAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RELINQUISHMENT FORM. EXT.P.2: COPY OF THE PLAN. EXT.P.3: COPY OF THE REPRESENTATION DTD. 11/12/2001. EXT.P.4: COPY OF THE REPRESENTATION DTD. 22/12/2001. EXT.P.5: COPY OF THE COMMUNICATION DTD. 20/12/2001. EXT.P.6: COPY OF THE RELINQUISHMENT FORM. EXT.P.7: COPY OF THE CONSENT LETTER. EXT.P.8: COPY OF THE COMMUNICATION DTD. 13/12/2001. EXT.P.9: COPY OF THE COMMUNICATION DTD. 26/03/2002. RESPONDENTS' EXHIBITS: EXT.R4.A: LAND RELINQUISHMENT LETTER ISSUED BY MATHEW MANAMPURATH TRUSTEE, MANIKKADAVU ST. THOMAS CHURCH DTD. 01/10/2001. EXT.R8.A: COPY OF THE STATEMENT FILED BY THE R.9 BEFORE THE PRESIDENT, KANNUR DISTRICT PANCHAYAT. EXT.R8.B: COPY OF THE LETTER DTD. 23/09/2001 ADDRESSED TO THE MEMBER, IRITTY DIVISION, KANNUR DISTRICT PANCHAYAT FROM ST. THOMAS CHURCH. EXT.R8.C: COPY OF THE DETAILED REPRESENTATION FILED BY VARIOUS ORGANISATIONS IN THE ULIKKAL-PAYYAVUR PANCHAYATS. EXT.R8.D: COPY OF THE COMMUNICATION DTD. 28/08/2000 FROM THE DISTRICT VETERINARY DEPARTMENT. EXT.R8.E: COPY OF THE REPRESENTATION DTD. 26/11/2001 SUBMITTED TO K.C. JOSEPH MLA BY THE RESIDENTS AND MILK PRODUCERS OF THE LOCALITY. EXT.R8.F: COPY OF THE LETTER DTD. 27/12/2001 REGARDING EXECUTION OF AGREEMENT FOR CONSTRUCTION OF THE BUILDING FOR THE FARM AID UNIT, FROM THE EXECUTIVE ENGINEER, DISTRICT PANCHAYAT DIVISION, KANNUR TO THE SECRETARY OF DISTRICT PANCHAYAT, KANNUR. O.P. NO. 421/2002-A: EXT.R8.G: COPY OF THE LETTER DTD. 22/10/2001 ADDRESSED TO THE PRESIDENT, DISTRICT PANCHAYAT, KANNUR, FROM MARY KONGOLA, MEMBER, DISTRICT PANCHAYAT, KANNUR. EXT.R.10.A: COPY OF THE LAND RELINQUISHMENT FORM DTD. 19/06/1979 SUBMITTED TO THE VILLAGE OFFICER, MUCHIYAD. EXT.R.12.A: COPY OF THE CONSENT LETTER ISSUED BY THE IRRIKKUR BLOCK CO-OP. HOUSING SOCIETY LTD. //TRUE COPY// P.S. TO JUDGE. Prv. V.K.MOHANAN, J. ---------------------------------------- O.P. No.421 of 2002 ---------------------------------------- Dated, 4th June, 2009 JUDGMENT This writ petition is filed with prayer for a direction to issue a writ of certiorari or such other appropriate writ or direction quashing Ext.P8 proceedings issued by the 4th respondent District Panchayat, Kannur and also with a prayer to issue a writ of mandamus or such other appropriate writ, order or direction commanding respondents 3 to 5 to take expeditious and effective steps to complete the construction of the building for the Mobile Farm Aid Unit at Ulikkal in the light of the Administrative and Technical sanction by the District Panchayat Kannur and also to release the balance fund for completion of the construction of the building. 2. In this writ petition, this court passed an order on 7.2.2002 by which it is found that the beneficiary committee has started work in the land O.P.421/2002 -:2:- offered, viz., the land offered by the additional 10th respondent who has surrendered the land. This Court by the said order vacated the status quo which was already ordered. The said order was passed on 7.2.2002 and probably, the construction might have been completed. As observed by this Court in the above order, this Court cannot take a decision as to which land is more suitable. In the above circumstances, it appears that this writ petition became infructuous and accordingly the same is dismissed. V.K.MOHANAN, JUDGE kvm/- O.P.421/2002 -:3:- V.K.MOHANAN, J. O.P.No. 421 of 2002 JUDGMENT Dated: 4.6.2009.