Disposed

Santha Balakrishnan v. Vallachira Grama Panchayat

Kerala HC19 Feb 2015WP(C)/1294/2015

Case brief

AI extract

What is this about?

This writ petition addressed a property owner's grievance that road widening filled part of her adjacent canal, risking soil erosion. The court directed the Panchayat to consider her representation with an opportunity for a personal hearing.

What did the court decide?

Direction to respondent Panchayat to consider petitioner's representation, provide personal hearing, and pass appropriate orders within one month.

Santha Balakrishnan Vs Vallachira Grama Panchayat — Writ and Judicial Review | Kerala HC (2015)

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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 DAMA SESHADRI NAIDU

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THURSDAY, THE 19TH DAY OF FEBRUARY 2015/30TH MAGHA, 1936

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WP(C).No. 1294 of 2015 (J)

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PETITIONER:

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SANTHA BALAKRISHNAN, AGED 64 YEARS, W/O.BALAKRISHNAN KIYYATHU HOUSE, ARATTUPUZHA DESOM, ARATTUPUZHA VILLAGE, THRISSUR.

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BY ADV. SRI.M.R.SARIN

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RESPONDENT:

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VALLACHIRA GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, VALLACHIRA P.O., THRISSUR - 680 001.

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BY SRI.NAVEEN.T, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 1294 of 2015 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT-P1: TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 8.1.15.

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EXHIBIT-P2: TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P1.

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RESPONDENT(S)' EXHIBITS: - NIL ---------------------------------------

/TRUE COPY/

P.A. TO JUDGE

mbr/

DAMA SESHADRI NAIDU, J.

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W.P.(c) No. 1294 of 2015

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Dated this the 19^th day of February, 2015

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JUDGMENT

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Heard the learned counsel for the petitioner and the

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learned Standing Counsel for the respondent Panchayat, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

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The petitioner, the owner and possessor of 30 cents of property in Resurvey No. 448/7 situated in Arattupuzha Village in Thrissur District, has a canal (thodu) adjacent to her property on the northern side. During the course of road widening, part of the said canal is said to have been filled up by narrowing its width, apart from deepening it further.

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Ventilating her grievance that during heavy rains or due to strong currents, the constricted thodu may have

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W.P.(c) No. 1294 of 2015

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an adverse impact on her property, which lacks lateral support in that regard, the petitioner submitted Exhibit P2 representation to the respondent Grama Panchayat. She, in fact, requested the Grama Panchayat to construct a concrete wall between the canal and her property, so as to prevent soil erosion. Complaining of non-disposal of Exhibit P2 representation, the petitioner filed the present writ petition.

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The learned counsel for the respondent Grama

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Panchayat has submitted that it has no objection to consider petitioner's Exhibit P2 representation, in accordance with law.

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In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Standing Counsel for the respondent Panchayat, without expressing any opinion on the merits of the matter, this Court disposes of the present writ petition with a direction to the respondent to consider Exhibit P2 representation of the petitioner in accordance with law, after affording an opportunity of personal hearing to the petitioner, and pass appropriate orders thereon as

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W.P.(c) No. 1294 of 2015

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expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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With the above observation, this writ petition is

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disposed of.

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DAMA SESHADRI NAIDU JUDGE

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DMR/-

Santha Balakrishnan v. Vallachira Grama Panchayat

Case brief

What is this about?

What did the court decide?

Santha Balakrishnan v. Vallachira Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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