This Writ Appeal challenged a Single Judge's order directing the Alangad Block Panchayat to maintain a road. The Court dismissed the appeal for raising a new plea on territorial jurisdiction, which was not agitated before the lower court.
Appellant's appeal dismissed; impugned order dated 02.02.2016 in WP(C) No.19446 of 2015 stands confirmed.
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 THE CHIEF JUSTICE MR.MOHAN M.SHANTANAGOUDAR & THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
WA.No. 1775 of 2016 () IN WP(C).19446/2015
AGAINST THE JUDGMENT IN WP(C) 19446/2015 of HIGH COURT OF KERALA DATED 02-02-2016
APPELLANT(S)/4TH RESPONDENT:
ALANGAD BLOCK PANCHAYAT ALANGAD, NEERIKODE, COCHIN-683 511, REPRESENTED BY ITS SECRETARY.
BY ADVS.SRI.A.J.R.VARGHESE SMT.P.K.PRIYA
RESPONDENT(S)/PETITIONER/RESPONDENTS 1 TO 3:
1. K.VALSAN AGED 46 YEARS, S/O.SHANTHAKUMARI, RESIDING AT SREEVALSAM HOUSE, P.J.ANTONY ROAD, PALARIVATTOM, COCHIN-682 025.
2. THE DISTRICT COLLECTOR ERNAKULAM, CIVIL STATION, COLLECTORATE, ERNAKULAM, KAKKANAD-682 030.
3. EXECUTIVE ENGINEER
4. THE ASSISTANT EXECUTIVE ENGINEER LSGD SUB DIVISION, ALANGADU BLOCK PANCHAYAT, ALANGAD-NEERIKODE, COCHIN-683 511.
R1 BY ADV. SRI.K.V.JAYACHANDRAN ADV. SRI.RAJU V.MATHEW ADV. SRI.MATHEW ABRAHAM (OLIYIL) R2 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No. 1775 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES
| ---------------- ANNEXURE A1 |
------- THE CERTIFIED COPY OF THE JUDGMENT IN W.P(C) NO.19446/2015 DATED 02.02.2016. |
|---|---|
| ANNEXURE A2 | TRUE COPY OF THE ASSET REGISTER OF KARUMALOOR GRAMA PANCHAYAT. |
| ANNEXURE A2(a) | TRUE COPY OF TRANSLATION OF ANNEXURE A2. |
| ANNEXURE A3 | TRUE COPY OF the EYE SKETCH OF THE SAID ROAD. |
| ANNEXURE A4 | TRUE COPY OF THE AGREEMENT ENTERED BETWEEN THE EXECUTIVE ENGINEER, LSGD, ERNAKULAM WITH VALSAN THE CONVENER. |
RESPONDENT(S)' ANNEXURES NIL
TRUE COPY
P.A TO JUDGE
vdv
Mohan M. Shantanagoudar, C.J. & Sathish Ninan, J
===============================
Writ Appeal No.1775 of 2016
========================== Dated this the 6th day of October, 2016
JUDGMENT
Mohan M.Shantanagoudar, C.J.
The order dated 02.02.2016 passed in W.P.(C) No.19446 of 2015 is called in question in this appeal by the Alangad Block Panchayat, the 4th respondent in the Writ Petition.
W.A No.1775/2016
2
road in question does not fall within the territorial jurisdiction of Alangad Block Panchayat and therefore, the order of the learned Single Judge needs to be interfered with. She further points out that Karumaloor Panchayat was not a party before the learned Single Judge.
W.A No.1775/2016
3
herein/fourth respondent in the Writ Petition was represented by an Advocate. Since it is specifically pleaded and argued by the writ petitioner/first respondent before the learned Single Judge that the road falls within the territorial jurisdiction of Alangad Block Panchayat, the appellant should have objected the same if really the road does not fall within its jurisdiction. Having kept quiet before the learned Single Judge, this appeal is filed with a new plea as mentioned supra. A new plea, on facts, cannot be allowed to be raised in an appeal. Hence, no interference is called for.
Appeal fails and hence, it is dismissed.
Sd/-
Mohan M.Shantanagoudar, Chief Justice.
Sd/Sathish Ninan, Judge
vdv/06/10/16
1 issue framed by the court
Whether a new plea regarding territorial jurisdiction can be raised in appeal if not raised before the Single Judge.
Alangad Block Panchayat Alangad
K. Valsan
The District Collector Ernakulam
Executive Engineer LSGD Division Ernakulam
Assistant Executive Engineer LSGD Sub Division Alangad
Mohan M. Shantanagoudar
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
