Petitioner challenged inaction of the Panchayat Secretary regarding construction by another respondent. Court directed Panchayat to pass orders within a month and restrained further construction.
1st respondent to pass final orders within one month; 2nd respondent restrained from further construction.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930
WP(C).No. 251 of 2009(E)
PETITIONER(S):
SUCHITRA, AGED 18 YEARS, D/O.RADHAKRISHNAN, ADAMKAVIL HOUSE, MINALUR VILLAGE, TALAPPILLY TALUK, THRISSUR DISTRICT.
BY ADV. SRI.P.SANTHOSH (PODUVAL)
RESPONDENT(S): ---------------
ADV. SRI.P.RADHAKRISHNAN (1) FOR R2
ADV.D.KRISHNAPRASAD, FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.SIRI JAGAN, J.
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W.P(C).No.251 of 2009
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Dated this the 12th day of February, 2009
J U D G M E N T
The petitioner is aggrieved by the inaction on the part of the 1st respondent in not passing orders as directed in Ext.P3 order of the Tribunal for Local Self Government Institutions in respect of a construction by the 2nd respondent herein. The allegation of the petitioner is that despite the order and a stop memo issued by the Panchayat, the 2nd respondent is continuing the construction. The 2nd respondent submits that he has not continued the construction. In the above circumstances, this writ petition is disposed of with the following directions:
The 1st respondent shall pass final orders as contemplated in Exts.P2 and P3 orders, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are thus passed, the 2nd respondent shall not make any further construction in respect of the subject matter.
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Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
2
1 issue framed by the court
Whether the Panchayat Secretary must pass final orders as directed by the Tribunal.
SUCHITRA
SECRETARY, MUNDATHIL KODE GRAMA PANCHAYAT
A.R.SUNDARAN
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
