IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 25992 of 2008(T) -------------------------------------- PETITIONER: ------------------- JIJU THOMAS PHILIP, KALLARACKAL VEETTIL, MUNDATHANAM P.O., KANGAZHA. BY ADVS. MR.T.M.ABDUL LATHEEF, MR.A.FEROS KHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. KOTTAYAM MUNICIPALITY, REP. BY ITS SECRETARY, KOTTAYAM 3. SECRETARY, KOTTAYAM MUNICIPALITY, KOTTAYAM. 4. ABDUL HAMEED @ THAMPI, PUTHUPARAMBIL, BOAT JETTY ROAD, KOTTAYAM-1. R1 BY GOVT. PLEADER, R2 TO R3 BY ADVS. MR.SIBY MATHEW, MR.PHILIP J.VETTICKATTU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25992/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED DTD. 11/06/2007. EXT.P.2: COPY OF THE TAX RECEIPT NO. 83717 DTD. 11/06/2007. EXT.P.2.A: COPY OF THE TAX RECEIPT NO. 83721 DTD. 11/06/2007. EXT.P.2.A: COPY OF THE TAX RECEIPT NO. 83720 DTD. 11/06/2007. EXT.P.3: COPY OF THE JUDGMENT DTD 28/02/1996 PASSED BY THIS HONOURABLE COURT IN O.P. NO. 15664/1992. EXT.P.4: COPY OF THE G.O.(RT)5901/1992/LAD DTD. 06/11/1992. EXT.P.5: COPY OF THE PERMIT NO. IB.11/96-97 DTD. 23/04/1996 ISSUED TO THE PETITIONER BY THE TOWN PLANNING OFFICER, KOTTAYAM. EXT.P.6: COPY OF THE ORDER NO. PW.7/14579/02 DTD. 16/10/2002 ISSUED TO THE PETITIONER BY THE R.3. ALONG WITH NOTICE. EXT.P.7: COPY OF THE ORDER NO. PW-7/14579/02 DTD. 20/11/2002 ISSUED TO THE PETITIONER BY THE R.3. EXT.P.8: COPY OF THE NEWS REPORT APPEARED IN KERALA KAUMUDI DAILY DTD. 06/09/2003. EXT.P.9: COPY OF THE PHOTOGRAPH SHOWING THE DEMOLISHED AREA. EXT.P.10: COPY OF THE NOTICE NO. PW-7/14579/02 DTD. 10/12/2003 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.11: COPY OF THE TAX RECEIPT NO. 2029253 DTD. 11/07/2007. EXT.P.12: COPY OF THE POSSESSION CERTIFICATE NO. 1792/07 DTD. 17/09/2007. EXT.P.13: COPY OF THE APPLICATION DTD. 28/11/2007 SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE SURRENDER DECLARATION SIGNED BY THE RESPONDENT/VENDOR. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25992 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of September, 2009. JUDGMENT 1.This writ petition does not merit consideration in the discretionary jurisdiction under Article 226 of the Constitution. 2.The petitioner has projected the case as if Ext.P4 Government Order followed Ext.P3 judgment and that Ext.P4 Government Order containing exemption and conditions for exemption governs the field. It was on this basis that arguments were addressed before me yesterday and today. Now it is, beyond any pale of doubt, clear that it was Ext.P4 Government Order that was quashed by this Court in Ext.P3 judgment. It is not out of place for this Court even to assume that the last page of Appendix of Ext.P3 was not produced and the produced pages quite misplaced, essentially WPC25992/08 -: 2 :- with an intention to hoodwink this Court from knowing, at the stage of consideration of this writ petition for admission, the identity of the order that was quashed in Ext.P3. Ext.P3, as produced, has only eight exhibits in its appendix and I am sure that, going by the footing of Ext.P3 at running page 28 of this paper book, the said document does not really end there. 3.Whatever be the merits of the case of the petitioner, equity consideration in discretionary jurisdiction expects it to be moved only with persons with clean hands. Short of that, I refuse jurisdiction to the petitioner. The writ petition fails. In the result, this writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/220909