Disposed
T.Shaji and Another v. the District Collector and Another
Kerala HCWP(C)/24910/2006
Case brief
from the order text
What is this about?
COURT OF KERALA AT ERNAKULAM PRESENT: THE…
What the court decided
AI extract
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 29TH DAY OF JUNE 2012/8TH ASHADHA 1934
WP(C).No. 24910 of 2006 (M)
PETITIONER(S):
1. T. SHAJI, THUMBANI HOUSE, VELIMUKKU SOUTH, MALAPPURAM DISTRICT.
2. JAMSHEED, KUNNUMMAL HOUSE, MOONNIYUR P.O., MALAPPURAM DISTRICT.
BY ADVS. SRI.P.K.SURESH KUMAR, SRI.K.P.SUDHEER, SMT.PRIYA VIJAYAN.
RESPONDENT(S):
1. THE DISTRICT COLLECTOR,
2. MOONNIYUR GRAMA PANCHAYAT,
R1 BY GOVT. PLEADER SMT.SUNITHA VINOD. R2 BY ADVS. SRI.HARISH R. MENON, SRI.K.T.SHYAMKUMAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2012, ALONG WITH W.P.(C)NO. 26067 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 24910 of 2006 (M)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE DECISION DATED 22/08/2006 OF THE 2ND RESPONDENT PANCHAYAT. |
|---|---|
| EXT.P2 | COPY OF THE ORDER NO.P5-33617/06 DATED 30/08/2006 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P3 | COPY OF THE RECEIPT DATED 01/11/2006 ISSUED BY THE 1ST RESPONDENT. |
| EXT.P4 | COPY OF THE LETTER DATED 16/09/2006 ISSUED BY THE 2ND RESPONDENT PANCHAYAT TO THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. OF KERALA. |
| EXT.P5 | COPY OF THE LETTER DATED 29/09/2006 ISSUED BY THE 1ST RESPONDENT. |
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
ANTONY DOMINIC,J
W.P.(C)Nos. 24910 & 26067 of 2006
------------------------------------Dated this the 29th day of June, 2012
JUDGMENT
W.P.(c) No.26067 of 2006 is filed by the Munniyoor
Grama Panchayath in Malappuram District. They passed Ext.P2 resolution dated 22.08.2006, prohibiting removal of sand from
the Chaliyar river. That order was cancelled by the District Collector as per Ext.P3 order. Subsequently, the Government issued Ext.P6 order, on a reference made by the Secretary of the Panchayath. By this order, Ext.P2 was stayed and the matter was referred to the Ombudsman for Local Self Government Institutions as provided under Section 191 of the Panchayath Raj Act. It was at that stage, this writ petition was filed with a prayer to quash Ext.P3.
W.P.(C).Nos.24910 & 26067/2006
: 2 :
to above, the entire issue will have to be adjudicated by the Ombudsman and the implementation of Ext.P3 can also be considered at that stage.
With this direction, the writ petitions are disposed of.
ANTONY DOMINIC, JUDGE
ln
1 issue framed by the court
Whether the High Court should quash the Collector's order or direct its implementation given a pending reference to the Ombudsman under the Panchayath Raj Act.
T. SHAJI
JAMSHEED
THE DISTRICT COLLECTOR, MALAPPURAM
MOONNIYUR GRAMA PANCHAYAT
ANTONY DOMINIC
JUSTICE ANTONY DOMINIC
As recorded by the court registry
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