Writ petition regarding inaction on a complaint about encroachment into a public road. Court disposed of the petition directing the Tahsildar to decide the complaint within eight weeks.
The Sixth Respondent is directed to decide the complaint (Ext.P3) within eight weeks with notice to the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 23614 of 2011(B) ---------------------------------------
PETITIONER(S):
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JOHN THOMAS, S/O.THOMAS VARGHESE, KALAIKATTIL HOUSE, KAVIYOOR VILLAGE, VALLAMKULAM EAST P.O., THIRUVALLA-689 541, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.C.M.ANDREWS
RESPONDENT(S):
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1. KAVIYOOR SLEEBA MALANKARA ORTHODOX CHURCH, REPRESENTED BY ITS VICAR REV. FR. C.K.KURIAN, THOTTABHAGAM, THIRUVALLA-689 541, PATHANAMTHITTA DISTRICT.
2. REV. FR.C.K. KURIAN, VICAR, KAVIYOOR SLEEBA ORTHODOX CHURCH, THOTTABHAGAM, THIRUVALLA-689 541, PATHANAMTHITTA DISTRICT.
3. KURIAN MAMMEN ALIAS KURIACHAN MELAKAYIL, 'MELAKAYIL THOTTATHIL', MANJADI P.O., THIRUVALLA-689 105.
4. THE VILLAGE OFFICER, KAVIYOOR VILLAGE THIRUVALLA, PATHANAMTHITTA DISTRICT-689 105.
5. THE REVENUE DIVISIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT-689 105.
6. THE TAHSILDAR, THIRUVALLA PATHANAMTHITTA DISTRICT-689 105.
R3 BY ADV. SRI.P.HARIDAS.
R4 TO R6 BY GOVT. PLEADER MR.JOSEPH GEORGE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs
WP(C).No. 23614 of 2011(B)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE REPORT NO.370/10 DATED 14/12/2010 SUBMITTED BY THE VILLAGE OFFICER BEFORE THE 5TH RESPONDENT.
EXHIBIT P2: TRUE COPY OF THE PROHIBITORY ORDER NO.369/10 DATED 14/12/2010 ISSUED BY THE VILLAGE OFFICER.
EXHIBIT P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE TAHSILDAR AS COMPLAINT NO.C8-14354/2010.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
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ANTONY DOMINIC, J.
W.P.(C) No. 23614 of 2011 B
Dated this the 18th day of November, 2011
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
Grievance of the petitioner is regarding the
inaction on the part of the sixth respondent on Ext.P3 complaint made by him, alleging encroachment into a public road by respondents 1 to 3.
receipt of Ext.P3 complaint. Although respondents 1 to 3 seek further time to file a counter affidavit, having regard to the fact that the matter is pending consideration of the statutory authority, the sixth respondent, it is unnecessary for this Court to keep the writ petition pending or enquire into the merits of the controversy.
Therefore, I dispose of this writ petition, leaving the contentions of both sides open and directing that the sixth respondent shall decide on Ext.P3, with notice to the parties
W.P.(C) No.23614/2011
: 2 :
concerned and in accordance with law. Such a decision shall be taken, at any rate, within eight weeks from the date of production of a copy of this judgment.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/18/11
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the writ petition should be disposed of or kept pending given the inaction of the impugned authority.
Whether theStatistical authority is directed to decide the complaint.
JOHN THOMAS
KAVIYOOR SLEEBA MALANKARA ORTHODOX CHURCH
REV. FR.C.K. KURIAN
KURIAN MAMMEN ALIAS KURIACHAN MELAKAYIL
THE VILLAGE OFFICER, KAVIYOOR
THE REVENUE DIVISIONAL OFFICER, THIRUVALLA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
