Allowed

Thamarassery Grama Panchayath v. K.C.Abdul Latheef and Others

Kerala HC27 Jul 2010RP/532/2010

Case brief

AI extract

What is this about?

Review petition challenging a judgment directing the Panchayat to consider appeals with notice. The court held the Panchayat was not at fault for acting on incomplete information and directed it to reconsider the appeals following proper procedure.

What did the court decide?

Review petition disposed of; direction to the Panchayat to reconsider the appeals with notice to parties and take a fresh decision.

Thamarassery Grama Panchayath Vs K.C.Abdul… — Municipal and Town Planning | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932

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RP.No. 532 of 2010(U) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.9362/2010 Dated 29/03/2010 ....................

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REVIEW PETITIONER(S): IST RESPONDENT

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THAMARASSERY GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, OFFICE OF THE THAMARASSERY GRAMA PANCHAYATH, THAMARASSERY.P.O, KOZHIKODE.

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BY ADV. SRI.VINOD SINGH CHERIYAN SRI.R.SUDHISH SMT.MANJU R.SUDHISH

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RESPONDENT(S): PETITIONER & RESPONDENTS 2 TO 6

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1. K.C.ABDUL LATHEEF, VAYALIL HOUSE, PARAPPAN POYIL.P.O, THAMARASSERY VIA, KOZHIKODE.

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2. THAMARASSERY GRAMA PANCHAYATH COMMITTEE, REPRESENTED BY ITS PRESIDENT, OFFICE OF THE THAMARASSERY GRAMA PANCHAYATH, THAMARASSERY.P.O, KOZHIKODE.

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3. KERALA STATE POLLUTION CONTROL BOARD, REPRESENTED BY ITS DISTRICT ENVIRONMENTAL ENGINEER 3RD FLOOR, ZAMORIN'S SQUARE, LINK ROAD, KOZHIKODE.

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4. N.P.MUHAMMED, S/O.ABUBACKER, PUTHEN PURAYIL HOUSE, NEAR ROLEX CHEMICALS, P.O.THACHAMPOYIL, THAMARASSERY, KOZHIKODE DISTRICT

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5. C.ABDUL SALAM, S/O.AHAMMEDKUTTY, RESIDING AT CHALAKKARA, NEAR OLEX CHEMICALS, P.O.THACHAMPOYIL, THAMARASSERY, KOZHIKODE DISTRICT

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6. M.ABBAS, S/O.IMBICHI ABDULLA, AGED 43 YEARS, RESIDING AT MALAYIL, PUTHENTHERUVIL, NEAR ROLEX CHEMICALS, P.O.THATHAMPOYIL, THAMARASSERY-673573, KOZHIKODE DISTRICT.

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ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR R1 SRI.S.MUJEEB RAHIMAN FOR R1 SRI.SUDHI VASUDEVAN, SC, KSEB

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ANTONY DOMINIC, J. ================ R.P.No.532 of 2010

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W.P.(C) NO. 9362 OF 2010 (U)

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=====================

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Dated this the 27^th day of July, 2010

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O R D E R

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Writ petition was disposed of by judgment dated 29^th of March, 2010. One of the direction was that the Committee of the petitioner Panchayat will consider Exts.P7 and P9 appeals filed by the 1^st respondent with notice to him and respondents 4 to 6. Panchayat submits that a copy of this judgment disposing of the writ petition was produced before it only on 12/4/2010 and that, on 30/3/2010, the Committee considered and rejected the appeals. It is stated that before rejecting the appeals, the parties were not heard and it is pointing out this fact that the judgment is sought to be reviewed.

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Having regard to the fact that the judgment was received by the Panchayat only on 12/4/2010, Panchayat cannot be faulted if it has disposed of the appeal on 30/3/2010 without complying with the directions in the judgment.

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In any event, now that the judgment contains direction that the parties shall be heard, it is directed that it will be open to

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RP No.532/2010

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:2 :

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the Panchayat to reconsider the appeals with notice to the parties as directed in the judgment and take a fresh decision in the matter.

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Review petition is disposed of clarifying the judgment as above.

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ANTONY DOMINIC, JUDGE

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Thamarassery Grama Panchayath v. K.C.Abdul Latheef and Others

Case brief

What is this about?

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Thamarassery Grama Panchayath v. K.C.Abdul Latheef and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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